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Massachusetts General (Financial) Power of Attorney

A Massachusetts general power of attorney allows a person ("principal") to appoint someone else ("agent") to manage their financial affairs. This is common for a principal who trusts their agent to make decisions on their behalf while they may be in another location or not interested in handling the day-to-day tasks of a business.
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Laws

  • Durable – A power of attorney document is durable unless it explicitly states a time of termination.[1]
  • Incapacity – Means an individual who, for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.[2]
  • Signing Requirements – Massachusetts law does not explicitly require that a power of attorney is to be notarized. However, many institutions will not accept a power of attorney unless it has been signed before a notary public or other individual authorized to take acknowledgments.

Sample

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