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A Massachusetts power of attorney is a legal form that acts as the authorization for an individual, known as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting this authority. A Massachusetts POA is often used for estate planning. However, there are other instances where a POA is a useful tool.
Quick References:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or the attorney-in-fact.
A Massachusetts power of attorney implies that the POA complies with Massachusetts’ Power of Attorney Act (Chapter 190B). This act specifically outlines the parameters of a legally enforceable power of attorney. It ensures that the form, as well as its duties, are protected under the law. Some of the requirements to create a POA in Massachusetts include:
The principal can explicitly state which powers the agent can and cannot use on their behalf. The principal can revoke (terminate) the power of attorney, even if it is durable, as long as they are competent. Additionally, under state law, a POA also terminates when:
There are several reasons why someone would use a Massachusetts power of attorney form to give someone the authority to make decisions related to their tangible personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Each person’s power of attorney needs may vary. Thankfully, there are several types of power of attorney documents. Before you decide to use a power of attorney, you should seek legal advice. Ask about the best POA to suit your needs and how to revoke a power of attorney if it becomes necessary. Here are a few of the most common.
General Power of Attorney
A general power of attorney grants an agent broad power to handle matters on behalf of the principal.
Durable Power of Attorney
A durable power of attorney is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Limited Power of Attorney
A limited power of attorney grants limited power to whatever the principal specifies.
Medical Power of Attorney
A medical power of attorney appoints a healthcare agent to make medical decisions on behalf of the principal.
Guardian of Minor Child Power of Attorney
Guardian of minor child power of attorney allows a parent or guardian to grant decision-making rights over their child to a temporary guardian in the case that the parent or guardian may not be present during a medical emergency.
Real Estate Power of Attorney
A real estate power of attorney grants power to the agent to buy, sell, and manage real estate on the principal's behalf.
Tax Power of Attorney
A tax power of attorney allows the agent, generally a qualified individual such as an accountant, to prepare and submit tax information to the Department of Revenue on behalf of the principal.
Vehicle Power of Attorney
A vehicle power of attorney allows the agent to buy, sell, and handle the necessary paperwork with the Massachusetts Registry of Motor Vehicles on the principal's behalf.
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