Massachusetts Durable Financial Power of Attorney Form

The Massachusetts durable financial power of attorney form is a document that provides written permission for a Principal to elect an Agent to be granted powers that will allow them to legally access the property and financial accounts, so that the financial affairs of the Principal may be properly attended to, in their absence or illness. This document will not terminate in the event of disability and/or incapacitation.

The terms with regard to this document are broad and sweeping. Placing someone else in charge of your estate may be worrisome. It’s important that the Principal take the time to review the entire document, prior to completing the form and submitting signature(s). Should any part of the document be unclear to the Principal, then it would be recommended that the Principal arrange a consultation with an attorney for clarification of the language and to acquire proper legal advice.

This document should be notarized once completed, though optional. The Principal must be aware that they have the right to revoke this document at their discretion. Simply provide notice to the Agent(s) by placing it into writing and deliver it to the Agent(s) to ensure that they have been properly advised. This document will not grant powers to this Agent to make medical decisions on behalf of the Principal

How to Write

Step 1 – Parties – Once the document has been downloaded, the Principal should review the entire document. If the Principal understands and agrees to the information contained, then enter the following:

  • The name of the Principal
  • The name of the County
  • The City of residence
  • The State
  • AND
  • Enter the name of the Agent to be appointed
  • The County
  • The State

Step 2 – Information Review: If the Principal has not reviewed the document, read through the following:

  • Full Authority for Agent
  • Specific Intent of the Principal
  • Covenant for Principal, Heirs and Executors
  • Agent Authority (read all of the bullet points in this section)

Step 3 – Notarization –

The Notary Public shall witness the completion of this document and shall then complete the document by providing all of the Notary’s required information. This will acknowledge that the document is, in fact, legitimate and will become immediately available unless otherwise stated by the Principal.