MA · POA · Updated July 2026 · Free
Massachusetts Power of Attorney
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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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Overview
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.
Key Facts
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 |
Legal Requirements
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.
Governing Laws
Massachusetts Governing Laws
Mass. Gen. Laws ch. 190B, § 5-501 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in Massachusetts.
Read the full text of these laws at Cornell Law School's Massachusetts legal resources or your state legislature's official website.
Questions & Answers
Massachusetts Power of Attorney — Frequently Asked Questions
Does a Massachusetts POA need to be notarized?
Yes. Massachusetts requires a financial POA to be acknowledged before a notary public.
Is a Massachusetts POA durable by default?
Yes, under Massachusetts's Uniform Power of Attorney Act.
Does a Massachusetts POA cover healthcare decisions?
No. A separate health care proxy is required for medical decisions.