Signing Requirements
Specific signing requirements for executing a durable power of attorney are not mentioned under Massachusetts law. The principal should still seek acknowledgment from either a notary public or two credible witnesses in order to attest to their signature.
However, note that any delegation by, or at the direction of, a parent/guardian of a minor or incapacitated person must sign in the presence of two witnesses of 18 years of age or older, neither of whom is the temporary agent.[1]
“Durable” Definition
A durable power of attorney is a power of attorney by which a principal designates another attorney in fact in writing. The writing contains the following words: ”This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or ”This power of attorney shall become effective upon the disability or incapacity of the principal.”
It may contain similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.[2]
Revocation
Revocation is not specifically addressed in Massachusetts law. A principal may revoke an agent’s authority by notifying the agent orally or in writing.
Generally speaking, an agent’s authority is terminated when:
- The agent or the principal dies;
- The power of attorney terminates; or
- The agent resigns.