Middlesex County Power of Attorney Lawyer

Planning ahead for the unexpected is one of the most important things you can do for yourself and your loved ones. When it comes to estate planning, one of the most essential tools is the power of attorney (POA). Whether you’re looking to safeguard your financial interests, ensure your healthcare wishes are respected, or prepare for incapacity, a well-drafted power of attorney document can provide peace of mind. At Mark Liam Gannon, Attorney at Law, we help clients throughout Massachusetts create customized powers of attorney that meet their specific needs. Contact a dedicated Middlesex County power of attorney lawyer from our legal team today.

What Is a Power of Attorney, and Who Are the Key Parties?

A power of attorney is a legal document that gives another person the authority to act on your behalf in legal, financial, or medical matters. This person is called the agent or attorney-in-fact. You, the person granting the authority, are known as the principal.

The powers given to the agent can be broad or very limited, depending on the specific language in the document. Some powers of attorney are used for convenience, such as allowing someone to sign a real estate document while you’re out of state. Others are more comprehensive and allow the agent to manage nearly every aspect of your life if you become incapacitated.

It’s important to note that your agent must act in your best interests and follow any instructions you’ve outlined. In Massachusetts, the agent has a fiduciary duty to the principal. That means the agent is legally obligated to act honestly, prudently, and in good faith. Breaching that duty can result in legal consequences.

Types of Powers of Attorney in Massachusetts

Not all powers of attorney are the same. In fact, there are several different types, each with its own purpose and scope. Choosing the right one depends on what you need the document to accomplish. The various types of powers of attorney are as follows:

• General Power of Attorney: This gives your agent broad powers to handle most of your legal and financial affairs. They can write checks, pay bills, file taxes, sell assets, and manage investments on your behalf. However, in Massachusetts, a general power of attorney typically becomes invalid if you become incapacitated—unless it is also a durable power of attorney (discussed below).
• Limited or Special Power of Attorney: This type grants your agent authority to act only in specific situations or for a limited period of time. For example, you might authorize someone to sell your car or manage a real estate transaction while you’re abroad. Once the specific task is completed, the authority ends.
• Durable Power of Attorney: A durable power of attorney remains in effect even if you become mentally or physically incapacitated. In Massachusetts, if you want your power of attorney to be durable, the document must include specific language stating that it “shall not be affected by the subsequent disability or incapacity of the principal.” Without this, the agent’s authority ends if you become incapacitated, which is precisely when you might need their help most.
• Springing Power of Attorney: A springing power of attorney “springs” into effect only upon a triggering event, usually the incapacity of the principal. This can be useful if you don’t want your agent to have authority right away. However, springing POAs can introduce complications, particularly around proving incapacity. In Massachusetts, the document must clearly define how incapacity is determined (for example, requiring a letter from a physician).
• Health Care Proxy: Though technically not called a power of attorney in Massachusetts, a Health Care Proxy functions similarly in the medical context. It allows you to appoint someone to make health care decisions for you if you’re unable to communicate your wishes. Massachusetts does not recognize a “medical power of attorney” by that name; instead, it uses the Health Care Proxy form.

What Makes a Power of Attorney Valid in Massachusetts?

In order for a power of attorney to be recognized under Massachusetts law, several requirements must be met. While there is no specific statutory form mandated, the document must be in writing and signed by the principal. In most cases, the signature should also be notarized, especially if the POA will be used in financial or real estate matters. Notarization helps avoid future disputes and ensures that third parties, such as banks, will accept the document.

Unlike wills or health care proxies, a power of attorney in Massachusetts does not require witnesses. However, including them can provide an additional layer of protection, especially if the document’s validity is ever challenged in court.

Additionally, it’s important to note that under Massachusetts General Laws, Chapter 190B, Article V, powers of attorney are presumed durable unless the document explicitly states otherwise. That means, unless you say in writing that the document is terminated by incapacity, it will remain in effect during such times.

Revoking or changing a power of attorney must also be done in writing. Simply tearing it up may not be enough, especially if third parties like banks or insurance companies have copies. To revoke a POA effectively, you must provide written notice to both the agent and any institutions relying on the document.

Contact a Massachusetts Power of Attorney Lawyer

Although Massachusetts allows individuals to create their own power of attorney using templates or online forms, this approach carries real risks. Small mistakes in language or formatting can render the document invalid or lead to unintended consequences. For this reason, you should strongly consider contacting a knowledgeable power of attorney lawyer from Mark Liam Gannon, Attorney at Law, for assistance. Reach out to us today so we can get started.