Massachusetts Financial Power of Attorney Form
FindLaw has partnered with experienced attorneys to create financial power of attorney forms you can complete quickly and easily from the comfort of home. Just follow along with our easy step-by-step process to create a financial power of attorney that is customized to Massachusetts’ laws and your unique situation.
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Do I Really Need a Financial Power of Attorney?
If you face a situation where you may need someone to handle finances on your behalf, a financial power of attorney is your solution. This essential legal document often becomes an integral part of your estate plan. It can also fill gaps if you are unavailable and someone needs to make decisions and finish transactions on your behalf.
A power of attorney provides backup if anything happens to you, including incapacity due to accident injuries. It can also help when you are traveling abroad and need someone to handle your domestic finances. In some circumstances, a power of attorney is vital such as situations involving terminal illness, high-risk employment, and military service.
Suppose you do not execute a financial power of attorney, and you become incapacitated. In that case, your loved ones must file a court action to determine a conservator to carry out your financial affairs. There is no guarantee the court will choose someone you trust, and the process is expensive and emotionally harrowing on your loved ones. You can avoid this scenario by securing a financial power of attorney through FindLaw.
Massachusetts Financial Power of Attorney Options
Financial Power of Attorney
For One Person
A do-it-yourself financial power of attorney form that’s easy to personalize.
THE MOST COMPREHENSIVE PACKAGE FOR LESS
Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
The process takes less than an hour, and you can complete it from the comfort of your home.
Answer Some Questions
Decide who your agent will be and what authority you want them to have. Then, simply answer a few questions.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Sign & Make It Legal
Sign your document following the instructions on the form. This may include signing in front of witnesses or a notary.
How To Get a Massachusetts Power of Attorney
Understand how a POA works in Massachusetts
A financial power of attorney allows you to appoint someone to act on your behalf in financial matters. The person you select is called an agent or attorney-in-fact. You, as the person executing the power of attorney, are the principal.
Massachusetts recognizes durable powers of attorney, which address financial matters. For health care, you need to draft and sign a medical power of attorney (called a health care proxy in Massachusetts). That document allows you to appoint someone to make healthcare decisions on your behalf. You can create one through our health care directive and living will service.
Choose an agent
Start by considering who you wish to appoint as your agent or attorney-in-fact. You want someone knowledgeable of your financial situation and life in general and willing to look out for your best interest. Many people appoint their spouse, live-in partner, business associate, close friend, or family member. Choose a successor agent in case your primary choice is not able to serve in this role.
Choose the scope
The scope of a power of attorney refers to the duties assigned to your agent. Massachusetts forms typically include a section where you can designate specific powers, like trust management, retirement account transactions, fiduciary responsibilities, or life insurance beneficiary designations. If you see powers you prefer not to transfer to your agent, cross out those sections or paragraphs.
Execute the document in front of two witnesses
Your form will likely contain space for two witness signatures and a notary public acknowledgment. Find two witnesses and have them sign the appropriate section after seeing you sign the power of attorney (note that there are specific requirements for witnesses). If you believe someone will challenge your power of attorney, you can arrange for a notary public to add their acknowledgment.
Have your agent sign the acceptance
Make copies of your power of attorney and provide them to your agent and any individuals or businesses affected by it (like your bank). Place the original in a locked fireproof cabinet or safe deposit box.
Once you execute a power of attorney, you can change it at any time or revoke it. The easiest way to modify your power of attorney is to execute a new one and make sure it revokes the previous document. If you wish to revoke your power of attorney, you can either destroy it or execute a document called a revocation.
You May Want to Speak With a Lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
Ready to get started on your financial power of attorney? It’s free to start.Create My Form
Massachusetts Power of Attorney FAQ
A Massachusetts estate planning law firm may charge $200 to $500 an hour to draft your power of attorney and finalize it. Our forms are a flat $35. FindLaw is not a law firm, and we do not include attorney review in that cost. If you’d like a lawyer to review your forms, you can create them through FindLaw and then search our directory for a local attorney to review it.
Free legal forms rarely come with instructions, and their creators do not customize them to your state’s legal requirements. You do not know if your end product is enforceable in Massachusetts. Saving money on a free form is not worth the risk of your family spending more money on an attorney and conservatorship proceeding should you become incapacitated.
If you are a wage earner in a long-term stable relationship and own few assets, your power of attorney is relatively simple, and you can likely complete it on your own.
But if you own a business, frequently travel due to business, face family conflict, or work in hazardous environments, you should hire an attorney for a power of attorney and all of your estate planning documents. These circumstances make it more critical that your power of attorney document is correct and legally binding.
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