what is a durable power of attorney in massachusetts

In Massachusetts, as provided under the Massachusetts Uniform Probate Code, a durable POA:

• Can be general or specific. ...
• Can take effect immediately on signing by the principal (known as a “present” power of attorney) or at a later time. ...
• Should be signed in the presence of a Notary Public and must contain the phrase “This power of attorney shall not be affected by subsequent disability or incapacity of the ...

Full Answer

Is your Massachusetts durable power of attorney still valid?

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 person acts as your attorney-in-fact, that …

What makes a power of attorney "durable"?

Apr 16, 2021 · The durable power of attorney, therefore, allows individuals to appoint someone else to make these decisions on their behalf. Massachusetts' durable power of attorney laws require that the appointed individual be a legal adult, have the capacity to understand this responsibility, and that the document be signed in the presense of at least two adults.

How to use a durable power of attorney?

In Massachusetts, your POA is not durable by default. To be durable, the document must state that it remains effective even after incapacitation. Massachusetts' laws suggest this wording: " "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time." (Mass. Gen. Laws § 5-501.) 2.

How to obtain power of attorney in Ma?

Feb 09, 2021 · 614.2. Filing the Power of Attorney. It is not necessary to file a power of attorney with DOR unless the taxpayer is currently involved in a matter requiring contact with DOR employees. A taxpayer may submit a completed, signed Form M-2848 to DOR by either providing it to the specific DOR employee he or she is working with (such as a collector ...

Does a Massachusetts durable power of attorney need to be notarized?

Form and Witnesses There are no requirements in Massachusetts for the form to be notarized by an officially-appointed notary public, and there also are no requirements that the form be signed by the agent or individual who is being appointed as attorney-in-fact for the purposes of the power of attorney.

Does a durable power of attorney need to be witnessed in Massachusetts?

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.

What does the term durable power of attorney mean?

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.

What are the 3 types of power of attorney?

Here are examples of the types of Alberta POAs that you may need:Specific Power of Attorney. A specific power of attorney is the simplest power of attorney. ... General Power of Attorney. A general power of attorney is used to give a very broad term of use to the attorney. ... Enduring Power of Attorney. ... Durable Power of Attorney.Feb 1, 2022

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

The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Massachusetts courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.

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.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can a family member override a power of attorney?

If your loved one made an Advance Decision (Living Will) after you were appointed as their attorney, you can't override the decisions made in their Advance Decision.

What type of power of attorney covers everything?

General power of attorney With a general power of attorney, you authorize your agent to act for you in all situations allowed by local law. This includes legal, financial, health, and business matters.Jun 11, 2021

What is the difference between a power of attorney and a lasting power of attorney?

An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions. If you want someone to be able to act on your behalf if there comes a time when you don't have the mental capacity to make your own decisions you should consider setting up a lasting power of attorney.Mar 7, 2022

What is the best power of attorney to have?

A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care. A limited power of attorney restricts the agent's power to particular assets.Mar 19, 2019

What are the disadvantages of power of attorney?

What Are the Disadvantages of a Power of Attorney?A Power of Attorney Could Leave You Vulnerable to Abuse. ... If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ... A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.More items...•Sep 4, 2018

What Kind of Power of Attorney Should You Have?

Most people use a durable power of attorney in their estate plan. This is primarily because a springing power of attorney requires some kind of medical or judicial determination that you are unable to make decisions.

Can a Power of Attorney Authorize Medical Decisions?

The power of attorney document does not authorize the person to make health care decisions. To do this, you will need a separate document called a health care proxy. This is also sometimes known as a medical power of attorney.

Can You Give More than One Person a Power of Attorney?

Generally it is not a good idea to give more than one person the same authority at the same time. This can lead to conflicting decisions and confusion. You can name a primary power of attorney and as many alternates as you want.

Do You Have to Do a Complete Estate Plan to Have a Power of Attorney?

A power of attorney, like a health care proxy, can be a standalone document. While it is a good idea to take care of all of your estate planning needs at once, if you are not ready to do that yet you can still create a power of attorney. The same is true for a health care proxy.

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How does an attorney in fact affect your future?

The decisions your attorney-in-fact make on your behalf can affect your financial future, including your eligibility for employment, housing, and credit. It can also affect your military career, including your eligibility for security clearance.

What is a 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.

What does it mean when someone is your attorney in fact?

When a person acts as your attorney-in-fact, that person can do financial business as though he or she is you. For example, your attorney-in-fact might buy a car or house in your name or might withdraw money from your bank accounts.

Can you revoke a power of attorney?

Revoking the power of attorney. When you no longer need an attorney-in-fact, for example, after returning from deployment, you can revoke the power of attorney.

What Types of Power of Attorneys Are Available in Massachusetts?

You can make several different types of POAs in Massachusetts. In particular, many estate plans include two POAs:

What Are the Legal Requirements of a Financial POA in Massachusetts?

For your POA to be valid in Massachusetts, it must meet certain requirements.

Steps for Making a Financial Power of Attorney in Massachusetts

Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state.

Who Can Be Named an Agent or Attorney-in-Fact in Massachusetts?

Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.

When Does My Durable Financial POA Take Effect?

Your POA is effective immediately unless it explicitly states that it takes effect at a future date.

When Does My Financial Power of Attorney End?

Any power of attorney automatically ends at your death. A durable POA also ends if:

What is the Massachusetts law on tax returns?

In General. To protect the confidentiality of tax records, Massachusetts law generally prohibits the Department of Revenue (“DOR”) from disclosing tax return information to anyone other than the taxpayer or his or her representative. G.L. c. 62C, § 21 (a).

What is a M-2848?

A taxpayer can use Form M-2848 to indicate the extent to which he or she authorizes disclosure (e .g., only certain tax types or periods) and can name one or more representatives. The powers granted extend to any matter affecting the tax type and period specifically referred to in the power of attorney unless the taxpayer limits the powers. Generally, a representative having a power of attorney can perform any act that can be performed by the taxpayer, unless the taxpayer indicates specific exclusions to these general powers on the Form M-2848. A representative cannot delegate to another representative a power of attorney granted by the taxpayer unless the taxpayer specifically granted that power to the representative. A refund check will always be issued in the name of the taxpayer (s) and will not be made payable to a representative.

What is the phone number to call for a power of attorney?

Any questions involving the validity of a power of attorney or other written authorization should be referred to a disclosure attorney in the Litigation Bureau by calling (617) 626-3225.

Does DOR require a power of attorney?

While DOR generally requires Form M-2848, DOR may, in very limited circumstances, accept an alternative to Form M-2848 at its discretion if the alternative contains information similar to that requested on Form M-2848. Alternative power of attorney forms may be subject to additional review and may cause a delay in processing. Any questions involving the validity of a power of attorney or other written authorization should be referred to a disclosure attorney in the Litigation Bureau by calling (617) 626-3225.

Is there a central power of attorney office?

There is no central power of attorney office within DOR. It is not necessary to file a power of attorney with DOR unless the taxpayer is currently involved in a matter requiring contact with DOR employees. Usually, the power of attorney will follow the taxpayer's file through the various offices of DOR. The taxpayer may, however, be requested ...

How Does a Massachusetts Power of Attorney Work?

A power of attorney (POA) is a legally binding document that grants the power to an individual (or several individuals) to make decisions in your stead. The involved parties are the:

What Is a Durable Power of Attorney in Massachusetts?

If you use a durable purchase agreement when granting permission to your agent, you should be aware that those powers don’t cease to be valid after you become incapacitated. The agent continues to have authority over your assets and other businesses until you pass away.

How To Get a Power of Attorney in MA

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

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What is a power of attorney?

A power of attorney is a written document through which you authorize someone (usually known as your agent or attorney-in-fact) to take actions for you. The powers that are given can be limited or quite broad. Unfortunately, if your power of attorney is not “durable,” your agent or attorney-in-fact may find that the power ...

Why is a durable power of attorney rejected?

Unfortunately, the other reason a durable power of attorney may be rejected is based on the specific powers granted to the agent or attorney-in-fact. While theoretically the document need only state that you want to give the power to do absolutely anything, many financial institutions want to see specific powers that pertain to them ...

What happens if you sign a power of attorney in Massachusetts?

Under the English common law upon which Massachusetts law is based, if you signed a power of attorney naming someone to act on your behalf, the person would have authority only for as long as you remained competent. If you later became disabled or incompetent, the power of attorney became null and void. That would mean a court process would then be ...

Can a power of attorney be used after disability?

That would mean a court process would then be required for someone to be able to step in and handle your financial affairs upon your disability. To minimize the need for court involvement by allowing a power of attorney to remain effective after disability or incapacity, decades ago the Massachusetts legislature passed a law ...

Is a power of attorney durable in Massachusetts?

The Massachusetts “ durable” power of attorney is similar to a power of attorney that is not durable, but there is one huge difference between the two types. The difference involves whether the agent or attorney-in-fact continues to be empowered to take action for you once you have become disabled. A power of attorney that is not durable is no ...

Differences Between Limited and General Authority.

Understanding The Language in The document.

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. The court ...

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