Power of Attorney Requirements in Massachusetts

ByKen Collinson
Power of Attorney Requirements in Massachusetts

A Power of Attorney (POA) is an essential legal tool that allows someone you trust to manage your affairs if you’re unavailable or incapacitated. In Massachusetts, creating a valid POA requires careful attention to state-specific legal standards and execution formalities. Below, we explain what you need to know before drafting your Power of Attorney.

What Is a Power of Attorney?

A Power of Attorney authorizes another person—called your agent or attorney-in-fact—to act on your behalf in financial, legal, or medical matters. The scope of authority can be broad or limited, depending on how the document is written.

Types of Power of Attorney in Massachusetts

Massachusetts law recognizes several forms of POA, each serving distinct purposes.

Durable Power of Attorney

A Durable Power of Attorney remains effective even if you become incapacitated. To qualify as “durable,” the document must include language such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal.” It is most often used for managing finances and legal affairs.

General Power of Attorney

A General POA grants wide-ranging authority for financial or property matters. It is typically used when you want someone to manage most or all of your affairs.

Limited or Special Power of Attorney

A Limited POA restricts your agent’s authority to specific tasks—such as signing documents at a real estate closing, managing one bank account, or handling a single transaction.

Health Care Proxy (Medical Power of Attorney)

In Massachusetts, medical decision-making authority is created through a Health Care Proxy, not a “medical POA.”
This document allows a trusted individual (your health care agent) to make medical decisions for you if you are unable to do so.
A valid Health Care Proxy must be:

  • Signed by the principal,

  • Witnessed by two adults, and

  • Neither witness may serve as the appointed agent.
    Notarization is not required for a Health Care Proxy.

Legal Requirements for a Financial Power of Attorney in Massachusetts

To be legally enforceable under Massachusetts law (M.G.L. c.190B §5-501 and related provisions), a financial POA must:

  • Be in writing,

  • Be signed by the principal,

  • Clearly state the powers granted to the agent, and

  • Be executed by a mentally competent principal.

While Massachusetts does not require notarization for every POA, notarization is strongly recommended. Many banks, brokerages, and registries of deeds will not honor an unnotarized POA—especially when used to sign or record real estate documents.

If your POA will be used for property transactions, it must meet acknowledgment and recording requirements under Massachusetts General Laws Chapter 183.

When Does a Power of Attorney Take Effect?

Your Power of Attorney can:

  • Take effect immediately upon signing, or

  • Be “springing,” meaning it activates only after a specific event—typically, a doctor’s certification of incapacity.

The effective date or condition should be stated explicitly in the document.

Revoking a Power of Attorney

You may revoke your POA at any time, provided you remain mentally competent. Revocation should:

  • Be in writing,

  • Be communicated to your agent and any institutions relying on it, and

  • Ideally be notarized to avoid disputes.

Why Work with an Estate Planning Attorney

Although Massachusetts provides public forms for Health Care Proxies and tax-related POAs (Form M-2848), there is no universal statutory form for financial powers of attorney.

An experienced estate planning attorney ensures:

  • Your POA includes all required durability language,

  • It aligns with your overall estate plan, and

  • It meets the specific documentation standards of Massachusetts institutions.

Local Expertise You Can Trust

At Collinson Law, we provide flat-fee estate planning services to individuals and families across Hopkinton, MetroWest, and throughout Massachusetts. Our team specializes in:

We guide clients through every step, ensuring your documents meet both state law and your personal needs.

Ready to Create Your Power of Attorney?

Contact Collinson Law today to schedule a consultation and protect your interests with a Massachusetts-compliant Power of Attorney tailored to your life and family.