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The type of Power of Attorney also impacts its duration: For example, if a principal is diagnosed with dementia, the durable POA will continue to be effective, allowing the agent to make decisions on their behalf. However, as with all POAs, it terminates upon the principal's death.
What is the law on durable power of attorneys in Massachusetts? 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.
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.
While not mandatory, notarization can also be helpful. If your agent will have the ability to engage in real estate transactions, the Power of Attorney must be acknowledged by a notary public and recorded with your county.
(1) Competent adult; (2) in writing; (3) signed by the principal; and (4) the principal's signature is notarized by a notary public. A durable power of attorney terminates upon the principal's death or if the principal revokes the durable power of attorney by a separate writing signed by the principal.
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.
Any power of attorney automatically ends at your death. A durable POA also ends if: You revoke it.
To revoke a POA or make changes to the existing form, you must file a new Form M-2848.