Massachusetts Power of Attorney Requirements

Massachusetts requirements

• Massachusetts has not adopted the Uniform Power of Attorney Act. Durable powers of attorney fall under the Massachusetts Uniform Probate Code, G.L. c. 190B, sections 5-501 through 5-507, which follow the older Uniform Durable Power of Attorney Act.
• Durability is not the default. Under section 5-501 the writing must contain words such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time', or similar words showing that intent.
• The statute does not impose a witness or notary requirement for a financial power of attorney to be valid, but signing before a notary public is standard practice and many banks and institutions expect it.
• To use a power of attorney for real estate, have it acknowledged before a notary so it can be recorded; confirm recording requirements with the Registry of Deeds for the county where the property is located.
• Massachusetts publishes no statutory financial power of attorney form, so a carefully drafted general form like ours is the usual route.

Frequently asked questions

Does a Massachusetts power of attorney have to be notarized?

The statute does not make notarization a validity requirement for a financial power of attorney, but notarization is expected in practice, and a Registry of Deeds will require an acknowledged document before recording it for a real estate transaction.

Is a Massachusetts power of attorney durable by default?

No. G.L. c. 190B, section 5-501 requires express wording, such as that the power 'shall not be affected by subsequent disability or incapacity of the principal', for the authority to survive incapacity.

Official sources

• https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section5-501