How to Get Power of Attorney in Massachusetts
Understanding the importance of power of attorney (POA) in Massachusetts is crucial for individuals who want to ensure their legal and financial affairs are managed effectively in case they become incapacitated or unable to make decisions for themselves. Power of attorney is a legal document that grants someone else the authority to act on your behalf in various aspects of your life. This article will guide you through the process of obtaining power of attorney in Massachusetts, including the types of POA available, the steps to create one, and the legal requirements to ensure its validity.
Types of Power of Attorney in Massachusetts
There are several types of power of attorney in Massachusetts, each serving different purposes. The most common types include:
- Durable Power of Attorney (DPOA): This type of POA remains effective even if the principal becomes incapacitated. It is often used for financial and legal matters.
- General Power of Attorney (GPOA): This POA grants broad authority to the agent, but it becomes void if the principal becomes incapacitated.
- Limited Power of Attorney (LPOA): This POA grants specific authority to the agent for a particular purpose or time period.
- This POA becomes effective only when the principal becomes incapacitated, as determined by a physician.
Steps to Create a Power of Attorney in Massachusetts
Creating a power of attorney in Massachusetts involves several steps:
- Choose an Agent: Select someone you trust to act on your behalf. This person should be someone who is capable of handling your legal and financial affairs.
- Understand the Scope of Authority: Decide what type of power of attorney you need and what authority you want to grant your agent.
- Complete the POA Form: Massachusetts offers a standardized form for power of attorney. Fill out the form accurately and legibly.
- Notarize the Document: Some types of POA require notarization to be valid. Check the specific requirements for your type of POA.
- Sign the Document: Both you and your agent must sign the power of attorney in the presence of a notary public or witness, depending on the type of POA.
- Keep a Copy: Keep a copy of the power of attorney for your records. Provide a copy to your agent and any relevant parties, such as your attorney or financial institution.
Legal Requirements for Validity
For a power of attorney to be valid in Massachusetts, it must meet certain legal requirements:
- Signature: The principal must sign the document in the presence of a notary public or witness, depending on the type of POA.
- Capacity: The principal must have the legal capacity to make decisions when signing the POA.
- Intention: The principal must intend to grant authority to the agent.
- Compliance with Statute: The POA must comply with Massachusetts General Laws Chapter 190B, which governs power of attorney.
Conclusion
Obtaining power of attorney in Massachusetts is a crucial step in ensuring your legal and financial affairs are handled appropriately when you are unable to do so. By understanding the types of POA, following the proper steps to create one, and meeting the legal requirements, you can rest assured that your interests will be protected. Consult with an attorney if you have any questions or concerns about the process.
