Ensuring that your legal and financial wishes are met by a trusted person or family member if you become incapable of handling them on your own, is the purpose of creating a Massachusetts durable power of attorney. This gives the person you install in such a role, referred to as an attorney-in-fact, legal authority to make decisions on your behalf. This especially becomes important if you ever become incapacitated. O’Connell Law also helps families prepare a power of attorney for young adults as part of a basic plan after age 18.
What Makes a Massachusetts Power of Attorney “Durable”?
A durable power of attorney in Massachusetts remains effective after incapacity, allowing a trusted agent to manage financial and legal matters without immediate court involvement.
A power of attorney is “durable” when it remains effective even if the person who signed it later becomes incapacitated. That durability is the reason this document is so important in a Massachusetts estate plan. Without it, loved ones may need to seek court authority before they can manage bills, banking, real estate, taxes, or other financial matters for someone who can no longer act independently.
The document should be drafted with enough detail to match the person’s goals. Some powers may need to be stated clearly, especially authority involving real estate, beneficiary designations, digital accounts, gifting, or trust-related transactions. Choosing the right agent is just as important as the document itself. The agent should be trustworthy, organized, financially responsible, and willing to follow the principal’s instructions. This planning often works alongside a health care proxy for incapacity decisions.
Having a Massachusetts durable power of attorney prepared is the first step followed by having it appropriately witnessed. It is a good idea to have your Massachusetts durable power of attorney form witnessed by a notary as well as two independent witnesses.
A person installed as a Massachusetts durable power of attorney agent or attorney-in-fact must be of sound mind and over the age of 18.
The durable power of attorney document ends at the death of the creator.
Ensuring that the person you select to serve as your attorney-in-fact is comfortable with this role is key in putting together your Massachusetts durable power of attorney. It is equally important to retain an experienced and qualified estate planning lawyer in Massachusetts to help you with the drafting of this critical document.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.