Massachusetts Real Estate ONLY Power of Attorney Form

The Massachusetts real estate only power of attorney form is a document that may be completed by the Principal for the purpose of naming an Agent to oversee the real property of the Principal should they become to ill to do so or in the event they need to be absent for an extended amount of time.

The Principal may grant powers to purchase, manage, sell, refinance or do paperwork and transactions for the Principal’s real property. The Principal may grant complete powers or they may limit the powers they wish to allow. The Agent should make use of the powers as if the Principal were present to do their own business. This document will not allow access to make decisions with regard to health care or finances in any other aspect of the Principal’s Estate.

This document will require all signatures to be applied before a notary public. The document may also be revoked if/when the Principal so desires.

How to Write

Step 1 – The Parties – Enter the following information:

  • The Principal’s full name
  • Principal’s street address
  • City
  • State
  • AND
  • The name of the appointed Agent
  • The Agent’s Street Address
  • City
  • State

Step 2 – Article I. Assignment of Authority – Check the appropriate boxes for which the Principal would like to grant powers from the following:

  • Sale of Real Estate
  • Purchase of Real Estate
  • Management of Real Estate
  • Refinancing

Step 3 – Article III. Term – This section will require that a term be established. Select from the following, initial and check only one:

  • A beginning date and ending date
  • Non-Durable – will become immediately effective and only terminate upon death, disability or revocation
  • Durable – Will become immediately effective, only terminating upon the death of the Principal or revocation of the document by the Principal

Step 4 – Signatures – must be signed before a notary:

  • Enter the date of the signatures in dd/mm/yyyy format
  • Enter the Principal’s Signatures
  • Print the name of the Principal
  • AND
  • The Agent’s Signature
  • Agent’s Printed Name

Step 5 – Affirmation of Both Witnesses – Both of the Witnesses must read their respective paragraphs and enter the following:

  • The names of the Witnesses
  • The Witnesses Signatures
  • The Printed names of the Signatures

Step 6 – Notary Acknowledgement –

As the notary witnesses all signatures and records all identifications, the notary will then enter all of the required information and the official stamp to acknowledge the document

Step 7 – Acceptance By Agent – The Agent must read the information in this section and enter:

  • The Agent’s Signature
  • Print the Agent’s Name