Berkshire County General Durable Power of Attorney Form

Additional Massachusetts and Berkshire County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Berkshire County

Properties in any of these areas use Berkshire County forms:

• Adams
• Ashley Falls
• Becket
• Berkshire
• Cheshire
• Dalton
• Drury
• East Otis
• Glendale
• Great Barrington
• Hinsdale
• Housatonic
• Lanesboro
• Lee
• Lenox
• Lenox Dale
• Mill River
• Monterey
• North Adams
• North Egremont
• Otis
• Pittsfield
• Richmond
• Sandisfield
• Savoy
• Sheffield
• South Egremont
• South Lee
• Southfield
• Stockbridge
• Tyringham
• West Stockbridge
• Williamstown
• Windsor

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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.
BANKING POWERS.
STOCK AND BOND POWERS.
POWER TO ACCESS SAFE DEPOSIT BOXES.
POWER TO COLLECT PROPERTY.
POWER TO BORROW.
REVERSE MORTGAGE POWERS.
HEALTH CARE DECISIONS.
FUNERAL PLANS.
POWER WITH RESPECT TO TAX MATTERS.
BUSINESS INTERESTS.
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.
TRUST POWERS.
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.

Important: Your property must be located in Berkshire County to use these forms. Documents should be recorded at the county recording office listed above.

This General Durable Power of Attorney meets all recording requirements specific to Berkshire County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Berkshire County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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