Updated May 20, 2024
A Massachusetts springing power of attorney legally authorizes an individual (an agent) to make important decisions for another person (the principal) if the principal becomes disabled or incapacitated. The agent has no authority as long as the principal is able to manage their own affairs.
Permitted in Massachusetts?
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.
“Incapacity” Definition
“Incapacitated person” 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]