Massachusetts Special Power of Attorney — Form 11— - Pre and Post 2005 Act A Massachusetts Special Power of Attorney (POA) is a legal document that allows an individual, known as the principal, to grant another person, known as the agent or attorney-in-fact, the authority to act on their behalf. This authority can be specific or general, and can be granted for a particular purpose or for a designated period of time. Pre-2005 Act: Prior to the 2005 Act, Massachusetts had specific requirements for the creation and execution of a Special Power of Attorney. The pre-2005 Act version of the Form 11B includes the necessary provisions and language to comply with the legal requirements in effect before the act was enacted. Post-2005 Act: The Massachusetts Uniform Probate Code, enacted in 2005, brought significant changes to the power of attorney laws in the state. The post-2005 Act version of Form 11B reflects the updated legal provisions and requirements as per the 2005 Act. Different Types: Regarding the different types of Massachusetts Special Power of Attorney — Form 11B, there may not necessarily be multiple versions of this specific form. However, it is important to note that the power of attorney can be tailored to meet the unique needs of the principal. This means that the provisions, powers, and limitations specified in the power of attorney can vary depending on the individual's requirements. Common Powers: Regardless of whether it is the pre-2005 or post-2005 Act version, a Massachusetts Special Power of Attorney typically grants the agent various powers. These may include handling financial matters, managing real estate transactions, making healthcare decisions, accessing and managing bank accounts, initiating legal actions, dealing with government agencies, and handling tax matters. However, it is essential to specify the precise powers granted in the document to avoid any ambiguity. Execution Requirements: To ensure the validity of a Massachusetts Special Power of Attorney — Form 11B, certain requirements must be met. The document must be signed by the principal while they are of sound mind and free from undue influence. It may require notarization or the presence of witnesses, depending on the specific provisions of the form. Legal Advice: Given the complexity and potential legal implications of executing a power of attorney, it is advisable to consult with an attorney experienced in Massachusetts estate planning and probate law. This will ensure that the document adequately reflects the principal's intentions and complies with all legal requirements. An attorney can also provide guidance on selecting the appropriate version of Form 11B based on the applicable laws and the principal's circumstances.
Massachusetts Special Power of Attorney - Form 11B - Pre and Post 2005 Act
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How to fill out Massachusetts Special Power Of Attorney - Form 11B - Pre And Post 2005 Act?
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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.
Use Form M-2848, Power of Attorney and Declaration of Representative, for this purpose if you choose. You may fle a POA without using Form M-2848, but it must contain the same information as Form M-2848 would.
With a Form M-2848, you can give another individual the power to represent you before DOR and to perform any act you can perform.
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.
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.