how to get a power of attorney in massachusetts

We’re going to explore several options for getting a power of attorney in Massachusetts:

• Hiring a lawyer
• Downloading a template
• Writing the POA letter on your own
• Signing up for DoNotPay

Full Answer

How to obtain power of attorney in Ma?

Learn about the power of attorney. A power of attorney document allows someone that you select (your “attorney-in-fact” or “agent”) to act on your behalf in financial matters. It is common for a deploying servicemember to sign a power of attorney document that assigns a family member or friend as servicemember's attorney-in-fact. When a ...

What does power of attorney allow me to do?

Jan 19, 2022 · A completed, signed Form M-2848 may be submitted to a specific person you are working with at DOR (such as a collector or auditor). You may also upload the completed and signed form through MassTaxConnect or submit it by fax to 617-660-3995. Allow 2 business days for the POA to be attached to the taxpayer’s account.

What is power of attorney and how does it work?

The Massachusetts tax power of attorney form (Form M-2848), allows a resident to have representation through an accountant or tax attorney for filing with the Department of Revenue. The representative, called the “attorney-in-fact” will be able to receive the principal’s confidential information and perform all the principal’s permitted actions in tax matters.

How to establish a power of attorney?

Acquire the properly executed power of attorney that complies with Massachusetts law from the principal appointing you as attorney-in-fact. The powers granted in the power of attorney, as well as state law, will generally determine the actions you may perform on the principal's behalf.

Do I need a lawyer for power of attorney in Massachusetts?

Create the POA Using a Form, Software or an Attorney You can also hire an Massachusetts lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.

How much does a power of attorney cost in Massachusetts?

How much would it normally cost me to get a Power of Attorney form in Massachusetts? The fees associated with finding and working with your average attorney to generate a Power of Attorney might total between two hundred and five hundred dollars, depending on your location.

How do I get power of attorney for elderly parent in Massachusetts?

You can request one from your attorney although you do not need an attorney to complete it. You can request a copy from the Executive Office of Elder Affairs by enclosing a self-addressed stamped envelope with your request to Elder Affairs/Health Care Proxy Form, 1 Ashburton Place, 5th Floor, Boston, MA 02138.

Does Massachusetts require a witness for a power of attorney?

Do I have to have witnesses to my Durable Power of Attorney? Not to have it be legal in Massachusetts. But if you may travel out of state, or have concerns that someone may challenge the document, it's a good idea.

How long is a power of attorney good for in Massachusetts?

The “durable' designation means that the POA authority given to your agent continues if you become incapacitated or are no longer mentally competent to make material decisions about your business or finances. If it is not “durable”, the POA ceases to be valid when you do become incapacitated.Oct 24, 2017

What is a durable power of attorney in Massachusetts?

A Durable Power of Attorney is a legal document in which you appoint a person you trust, called an "Attorney-in-fact", to manage your money, property and financial matters if you become disabled or incapacitated and are unable to effectively manage your financial matters yourself.

Are you legally responsible for your elderly parents in Massachusetts?

Laws known as “filial responsibility laws” are present in 30 of the 50 states, including Connecticut, Massachusetts and Rhode Island and can hold children legally responsible for their parents' long-term care expenses like nursing home bills.Jul 15, 2016

At what age are you considered a senior citizen in Massachusetts?

age 65In some aspects “society makes it very clear when we become senior citizens,” says Mimi Secor, a nurse practitioner and national speaker in Upton, Massachusetts. “We know that at age 65, we qualify for Medicare.” Social Security benefits can begin as early as age 62 or as late as age 70.

What age is considered elderly in MA?

sixty years of age or over''Elderly person'', an individual who is sixty years of age or over.

Does power of attorney need to be notarized?

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

Who can act as power of attorney?

It's a good idea to give the person you ask time to think about the role, to make sure they feel comfortable doing it. Your attorney could be a family member, a friend, your spouse, partner or civil partner. Alternatively they could be a professional, such as a solicitor.Apr 20, 2021

What is a durable power of attorney?

A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked.

Disclosure of tax return information

To protect the confidentiality of tax records, Massachusetts law generally allows DOR to disclose tax return information only to taxpayers or their authorized representatives.

Power of Attorney, Form M-2848

With a Form M-2848, a taxpayer can show the terms of the POA’s representation and can name one or more representatives. Please note that Form M-2848 does not allow access to a taxpayer’s accounts on MassTaxConnect. See below regarding Third-Party Authorization through MassTaxConnect.

Filing a dispute

For taxpayer and practitioner convenience, a limited Power of Attorney is incorporated into Form ABT, Application for Abatement. This POA is only good for the tax periods specified and the issues covered in the particular dispute.

Paid tax preparer authorization on tax return

You can authorize a preparer to discuss your income tax return with DOR by filing in the oval below the preparer's signature.

Third-party authorization through MassTaxConnect

Taxpayers or their authorized representatives (called a third party) can make tax payments, view copies of notices sent by DOR, send secure messages to DOR and file disputes online through MassTaxConnect . Most business tax returns can also be filed through MassTaxConnect.

What is a minor power of attorney in Massachusetts?

The Massachusetts minor power of attorney form is a legal document that permits the transfer of certain parental powers from a child’s parents to a designated guardian.

What is an attorney in fact?

An attorney-in-fact may be assigned in the short term to oversee the sale of the principal’s personal property or to file their taxes. Often, a representative is appointed to oversee the principal’s financial interests or medical decisions in the event of their temporary or permanent state of mental instability.

Who is Marie Murdock?

Marie Murdock has been employed in the legal and title insurance industries for over 25 years. Murdock was first published in print in 1979 and has been writing online articles since mid-2010. Her articles have appeared on LegalZoom and various other websites.

Can a principal have a power of attorney?

The principal may have merely appointed you to perform one single act under a specific or limited power of attorney, such as signing the title to a vehicle or signing a deed selling property while she is away. Alternatively, under a general and durable power of attorney, the principal may have appointed you to perform any and all actions ...

Can a power of attorney be broad?

The authority granted under a power of attorney can be broad or narrowly limited, depending on the intent. If you have been asked to be an attorney-in-fact for someone in Massachusetts, know that the appointment carries great responsibility to act in a trustworthy manor and in the best interest of the principal who appointed you.

Differences between limited and general authority

In the state of Massachusetts, a power of attorney can be either limited or general in scope. Limited authority exists for a specific purpose described in the document itself. For example, it could be a real estate transaction or the management of a certain account.

Understanding the language in the document

The language used is extremely important. In the state of Massachusetts, language such as "this power of attorney will survive and not be affected by the disability or incapacity of the principal" is necessary. The language does not need to be exact, but it must clearly state that the power does not end with the disability of the principal.

What happens when no durable power of attorney exists

If a principal does not have one and becomes incapacitated, the Massachusetts Probate Court has legal authority over the principal. The court appoints a guardian to oversee the affairs. This would include making financial decisions, signing documents, making healthcare decisions, and controlling the principal's property and other assets.

What is a power of attorney in Massachusetts?

Massachusetts power of attorney forms gives legal permission to allow a person (“principal”) to select someone else (“agent”) to handle decisions on their behalf and in their best interests. Under State law, an individual may grant medical, financial, parental, tax, vehicle, or any other responsibility to a selected person.

Can a minor be a guardian?

Minor (Child) Power of Attorney – You can appoint someone to be a temporary guardian for your child. This person will be able to make decisions on behalf of your children, such as medical and educational decisions. Signing Requirements ( Section 5-202 , Section 5-503 (b) ): Notary public.

What is a durable power of attorney in Massachusetts?

A Massachusetts durable power of attorney for health care, also known as an advance directive or a medical power of attorney, provides legal clarity to doctors and caregivers on how to manage your care if you are unable to make decisions yourself.

What is a power of attorney?

Power of attorney is the legal authority to make decisions for someone else. It’s also the name of the document that grants this power. Use a power of attorney form to allow somebody else to act legally on your behalf for medical, business, legal, real estate, or tax issues. The person assigning power of attorney is the “principal” and ...

What is a POA?

A general power of attorney gives an agent broad powers to handle your affairs. This type of POA is often called a financial power of attorney because it’s commonly used for day-to-day financial matters.

How many witnesses are needed for a durable power of attorney?

The law states that the durable power of attorney should have been assigned in writing on a signed document, with two witnesses present. They must be over 18, mentally competent and with no undue influence.

Can dementia make you confused?

As we live longer, conditions such as dementia can develop, and it can lead to a situation where a person is physically healthy, but his or her brain is not. Dementia, as well as many other conditions, can make us confused and unable to make informed decisions when having health issues.

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About this article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 8,181 times.