Massachusetts Power of Attorney PDF
Massachusetts at a glance: Governing Law: Mass. Gen. Laws ch. 190B, § 5-501 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Powers of Attorney in Massachusetts
Massachusetts has adopted the Uniform Power of Attorney Act, incorporated into the Massachusetts Uniform Probate Code. A financial POA must be notarized to be valid and is durable by default.
A separate health care proxy is required for medical decisions in Massachusetts.
Massachusetts Power of Attorney — Quick Reference
| Requirement | Massachusetts Rule |
|---|---|
| Governing Law | Mass. Gen. Laws ch. 190B, § 5-501 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate health care proxy required |
Massachusetts Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under Massachusetts's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate health care proxy is needed for medical decisions.
Massachusetts Governing Laws
Read the full text of these laws at Cornell Law School's Massachusetts legal resources or your state legislature's official website.