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A Massachusetts limited power of attorney form is a document that assigns power of attorney, or decision-making power, to a party known as an Agent for a limited time. That means it will supply specific instructions and tasks to the Agent who assumes this power.
General POA: This grants someone the authority to conduct all affairs on your behalf. Durable POA: This authorization remains effective even if you should become disabled or incapacitated, and can provide one of the most important benefits of a POA.
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
A Massachusetts health care proxy, or ?medical power of attorney,? allows a principal to appoint a ?proxy? to make healthcare decisions on their behalf. The proxy will be instructed to follow in the wishes and desires of the principal.
A living will is a legal document sometimes also known as an advance directive. It is not the same thing as a health care proxy, though people sometimes prepare both documents as part of their estate planning. Massachusetts does not recognize living wills as legally binding.
Durable Power of Attorney Requirements In the state of Massachusetts, a durable power of attorney must be granted to a legal adult (18 years of age or older) with the capacity to understand the responsibility. It must also be made in writing, signed, and notarized.
A family member acting as a POA requires a signed Form M-2848 except when a parent is acting on behalf of a minor child.
A durable power of attorney is effective immediately and gives your agent full authority to act on your behalf. This remains in effect unless or until you revoke it. A springing power of attorney comes into effect only on a finding that you are unable to make decisions.