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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.
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.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
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 email to POADOR@dor.state.ma.us or via fax to 617-660-3995.
A Power Of Attorney Doesn't Address What Happens to Assets After Your Death. A power of attorney ends at your death, so it does not do anything to protect your wealth after you are gone or to facilitate the timely transfer of assets to loved ones.