Permitted in Massachusetts?
Yes, the principal may specify that the power of attorney will only become effective upon the disability or incapacity of the principal.[1]
“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]