How Does a Massachusetts Durable Power of Attorney Work?

A durable power of attorney is a document that gives someone you trust the legal authority to make financial, legal and other decisions for you if you are unable to do so.  There are a few things you should know about durable powers of attorney in Massachusetts.

• It does not apply to medical decisions- for that you will need a health care proxy.
• It is legally effective immediately, whether or not you are incapacitated.  This means it should only be given to someone you absolutely trust.  If you want the power of attorney to only take effect if you are incapacitated, you can choose a springing power of attorney, which requires a medical declaration of your incompetence before it is legally effective.
• If you revoke your power of attorney, or decide to change who holds it, you should make sure your bank and other financial institutions have the most up to date version on file, and are informed in writing that the prior document was revoked.  
• Contrary to what many people believe, the durable power of attorney does not give authority to act after the individual who made the document has passed.  Once that happens, unless that person is named on a bank account with you, they will have to go to Probate Court to be appointed personal representative before they have legal authority to access funds and pay bills.

​Learn more here about a durable power of attorney under Massachusetts law.

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