Massachusetts General (Financial) Power of Attorney Form, a legal form that allows you to appoint a reliable party to manage your affairs, operates under state law and will require the named representative to act in your best interest as per your directives. A general power of attorney, as opposed to a durable, can become void if you are adjudged to be incompetent. If you want the representative to be able to continue acting on your behalf, even after you become incapacitated, you should determine whether the durable power of attorney is a better choice. Seek the advice of legal counsel if you are unsure.

How to Write

1 – Open The Massachusetts Form Then Complete The Title

The first task at hand will be to open the form. This form may be opened as a PDF, ODT, or Word file. Utilize the properly labeled button on this page to open the form, then, enter the Principal’s Legal Name on the blank line in the Title.

2 – Document The Name Of the Principal And Record The Attorney-in-Fact’s Name

The first paragraph in this template will have a few empty spaces that will need some direct attention. This introduction shall act as the Principal’s initial statement of intent when executing this paperwork. Thus, on the first blank space, provide the Principal’s Legal Name, then continue the statement by recording the City and State where the Principal maintains a residence in the second and third blank spaces, respectively. Now that we have identified the individual granting Principal Power, we must identify the individual who will wield this Power according to this form’s content. Do this by entering the Attorney-in-Fact’s Full Name on the empty line after “designate” along with the City and State where he or she lives on the next two empty lines (in that order).

3 – The Principal Must Personally Approve The Extent Of The Attorney-in-Fact’s Principal Authority

Several Articles compose this document to aid the Principal in fully documenting how the Attorney-in-Fact’s Powers should be defined.  The Principal should review the entirety of this paperwork. Article I, “Powers,” will require direct input from the Principal granting Principal Authority. The Principal will need to go through the seventeen items on this list and initial the blank space preceding the Authority description that should be applied to the Attorney-in-Fact.

The Principal (in this document) will grant the Attorney-in-Fact the “Power To Make Payments Or Collect Monies Owed” by initialing the blank space preceding the Number 1. All the actions defined in this paragraph will be conferred to the Attorney-in-Fact unless any are crossed out or deleted. This will apply to all the items below. Keep in mind, it is recommended that one should consult an attorney before altering and executing this form. The Attorney-in-Fact will gain the ability and “Power To Acquire, Lease, And Sell Personal Property” in the Principal’s Name if the Principal approves the actions defined in Item Number 2. If so, the Principal should initial this statement. The “Power to Acquire, Lease, and Sell Real Property” will be granted to the Attorney-in-Fact, as defined in Item Number 3, if the Principal initials this paragraph. The same “Management Powers” the Principal possesses will be conferred to the Attorney-in-Fact when the Principal Initials Item Number 4.The Attorney-in-Fact’s Principal Authority will include the “Banking Powers” described in the fifth statement if the Principal initials the empty line just before Item Number 5. The Principal’s Power with “Motor Vehicles” will be delivered to the Attorney-in-Fact as per Item Number 6, if the Principal initials this subject. The Attorney-in-Fact will be able to perform the actions in Item Number 7 regarding the Principal’s Taxes once the Principal initials the “Tax Powers” statement. Item Number 8, “Safe-Deposit Boxes,” will deliver access to the Principal’s Powers with Safe Deposit Boxes if it is initialed by the Principal. The “Gift Making Powers” in Item Number 9 will be delegated to the Principal of Authority should the Principal decide to initial this paragraph. The “Lending And Borrowing” practices and Powers will be assigned to the Attorney-in-Fact as per Item Number 10 when the Principal initials the blank line present. The Attorney-in-Fact may exert Principal Authority in relation to the subject matter of “Contracts,” if the Principal Initials Item Number 11.The Principal “Health Care” Powers will be granted to the Attorney-in-Fact, as per Item Number 12, if the Principal provides his or her initials. The thirteenth statement, “HIPAA,” will name the Attorney-in-Fact here as the Principal’s Representative under Health Insurance Portability And Accountability Act of 1996 once it is initialed by the Principal. The Principal’s “Power To Hire And Pay For Services” will be delivered according to the description in Item Number 14. The Principal may grant such Powers to the Attorney-in-Fact by initialing the blank space provided. The “Reimbursement Of Attorney-in-Fact” will be under the Attorney-in-Fact’s Principal’s Authority once the Principal initials Item Number 15. The Attorney-in-Fact’s Principal “Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney” will be defined in Item Number 16 and will be granted to the Attorney-in-Fact when the Principal initials Item Number 16. The seventeenth item, “Other,” provides several blank lines. These blank lines may be used to report any further instructions the Principal needs delivered. Virtually, any provision or concern the Principal has regarding the Powers granted through this document should be documented accurately here so long as they fully represent the Principal’s preferences. 4 – The Principal Should Present A Clear Definition To The “Effective Date And Termination” Of These Powers

The Third Article will have two parts, each with a choice that must be made by the Principal. The Principal will need to indicate when the Powers defined in this paperwork will be available to the Attorney-in-Fact in the first part of this article then define when they will no longer be accessible to the Attorney-in-Fact in the second part of this article.

The Principal will first need to initial one of the first two statements. Each will provide a definition to when the Attorney-in-Fact’s Principal Powers will go in Effect. If they go into Effect as of the Execution Date of this form, the first statement should be initialed. If they go into Effect on a specific Date, the second statement should be initialed and the first Calendar Date the Attorney-in-Fact has Principal Approval to wield the Powers here should be entered on the blank line provided.

The next part of Article III will need a definition as to when the Powers defined in this paperwork will no longer be available to the Attorney-in-Fact. If these Powers Terminate on a specific Date, the first choice will need to be initialed by the Principal and the Termination Date recorded on the blank line provided. If the Principal only wishes these Powers to be Terminated through a written Revocation, then he or she will need to initial the second statement. If the Principal wishes these Powers to automatically Terminate once a Physical declares him or her as incapacitated or severely disabled, the third statement will need to be initialed by the Principal.

5 – The Execution Of This Paperwork Requires Principal Approval Through A Properly Executed Signature

To properly execute this paperwork, the Principal will need to sign it before two Witnesses and a Notary Public. The Attorney-in-Fact will also need to acknowledge this paperwork through his or her Signature.

To begin, locate the sentence beginning with “In Witness Whereof.” Here, the Principal will need to provide the Date of Signature which (unless otherwise indicated) will be considered the Execution Date of this paperwork. When the Date of Signature has been reported, the Principal must sign his or her Name then Print it in the space provided below. The next required Signature on this form will be that of the Attorney-in-Fact. He or she should find the heading “Acceptance of Appointment,” then print his or her Name on the blank line in the paragraph presented. Below this, the Attorney-in-Fact will need to sign his or her Name, then Print it. Each Witness will need to sign his or her Name and supply his or her Address on the appropriately labeled blank lines below the Witness Testimony. The Notary Public will also have an area where he or she will need to supply some necessary items. This will be done in the “Acknowledgment of Notary Public” section.