Massachusetts General Durable Power of Attorney
General Durable Power of Attorney for Real Estate Located in Massachusetts
This is a Durable General Power of Attorney governed by Massachusetts Uniform Probate Code, M.G.L. c.190B. A power of attorney is considered durable when (a principal, in writing, designates another as his attorney in fact and the writing contains the words, "This power of attorney shall not be affected by subsequent disability or incapacity of the principal", or "This power of attorney shall become effective upon the disability or incapacity of the principal", or similar words showing the intent of the principal that the authority conferred shall continue notwithstanding the subsequent disability or incapacity of the principal.)(MA Gen L ch 201B statute 1, Section 1. (a))
Some of the powers an agent/attorney in fact can perform behalf of the principal, each one can be denied or amended to fit the required needs of the principal.
POWER TO USE FUNDS TO MAINTAIN LIFESTYLE.
STOCK AND BOND POWERS.
POWER TO ACCESS SAFE DEPOSIT BOXES.
POWER TO COLLECT PROPERTY.
POWER TO BORROW.
REVERSE MORTGAGE POWERS.
HEALTH CARE DECISIONS.
POWER WITH RESPECT TO TAX MATTERS.
POWER TO BUY AND SELL.
POWER TO MANAGE &: SUPERVISE PROPERTY.
GOVERNMENTAL ENTITLEMENT POWERS.
POWER TO MAKE GIFTS.
POWER TO USE FUNDS TO MAINTAIN LIFESTYLE AND CARE FOR PETS.
TO ESTABLISH, FUND, AMEND AND REVOKE TRUSTS.
POWER TO EXERCISE RIGHTS UNDER RETIREMENT ACCOUNTS.
SPECIAL INSTRUCTIONS (OPTIONAL).
Included is a "Massachusetts Agents Certification Form" verifying the principal is alive, has not revoked the power of attorney, agent has authority to act and his/her authority to act has not terminated; often required by third parties when the agent acts.
(Massachusetts General DPOA Package includes form, guidelines, and completed example) For use in Massachusetts only.