Massachusetts Limited Power of Attorney Form

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A Massachusetts limited power of attorney is a written grant of narrow authority. You, the principal, name an agent to act on the tasks you list and nothing else. It is needed by people handing off one sale, account or errand, especially while traveling.

This page gives you the free form to fill in online or as a PDF, a walk through every part of the template, and the Massachusetts statutes that apply to it.

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What a Massachusetts Limited Power of Attorney Form Covers

A Massachusetts limited power of attorney form lets you hand one or more named tasks to an agent, also called an attorney-in-fact, while you keep every other decision. The form is sometimes called a special power of attorney.

The agent's authority stops at the purposes you write on the form. Common entries are signing closing papers for a home or car sale, handling one bank account while you are away, or collecting mail during a move.

Here are the basic details of the FormsPal Massachusetts limited power of attorney template. The template offers 32 fillable fields in a PDF, and you can also create the document online without downloading anything first.

Document Name Massachusetts Limited Power of Attorney Form
Other Name Massachusetts Special Power of Attorney
Relevant Laws Mass. Gen. Laws ch. 190B, § 5-501 and the sections after it in Article V
Avg. Time to Fill Out 8 minutes
# of Fillable Fields 32
Available Formats Adobe PDF

How to Get a Power of Attorney in Massachusetts

To get a limited power of attorney in Massachusetts, you prepare the document yourself: list the tasks, name the agent, choose when it starts and ends, sign it, and complete the acknowledgment on the last page.

  1. Write down the exact tasks the agent will handle.
  2. Pick an agent you trust and, if you want, a backup agent.
  3. Decide whether the power starts at once or on a set date.
  4. Choose how it ends: on revocation, on a date, or on incapacity.
  5. Fill in the form online or in the PDF.
  6. Sign and date it, then complete the acknowledgment.
  7. Give the signed original or a copy to your agent.

The agent then shows the document to the bank, buyer, office or other party the task involves. Ask that party ahead of time what it wants to see, so the agent is not turned away at the counter.

How to Fill Out the Massachusetts Limited Power of Attorney

These steps follow the FormsPal Massachusetts limited power of attorney template, the same PDF you can download from this page. Work through them in order, and fill in the blanks by hand or on screen. Each step names a part of the form and says what to enter there.

The screenshots under each step show the FormsPal Massachusetts limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Name, address and agent

    Fill in the opening paragraph: your name, your address on two lines, then your agent’s name and the agent’s address. Use your full legal name as it appears on your personal ID, and pick an agent you trust.

    Massachusetts Massachusetts Limited Power of Attorney: MASSACHUSETTS LIMITED POWER OF ATTORNEY, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Purpose(s)

    On the purpose lines, write each task your agent may handle for you, for example signing closing papers for a home sale. You have five lines, so keep each task short, clear and specific, and name the account, property or transaction it relates to.

    Massachusetts Massachusetts Limited Power of Attorney: purpose(s), filled with sample entries
    Step 2: sample entries, not a real document.
  3. Effective date

    Read the two options and initial the one you want: effective right away, or effective on a date you write in. The special instructions line above is printed text, so it has no blank to fill in.

    Massachusetts Massachusetts Limited Power of Attorney: EFFECTIVE DATE, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Termination date, first option

    Initial the first termination option if the power of attorney should end when you sign a written revocation. The other termination options continue on page 2.

    Massachusetts Massachusetts Limited Power of Attorney: TERMINATION DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Termination date, remaining options

    Initial the option you want: it ends on a date you enter, or it ends when you are determined to be incapacitated as defined on the form. Then complete the successor line: repeat your agent’s name and enter an alternate agent’s name and address, in case your agent is unable or unwilling to serve.

    Massachusetts Massachusetts Limited Power of Attorney: A WRITTEN REVOCATION, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Date, signature and printed name

    Fill in the day, month and year on the “Signed this” line. Sign on the signature line and print your name under it.

    Massachusetts Massachusetts Limited Power of Attorney: Day, Month and more, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Acknowledgment: county, date, officer and your name

    On page 3, enter the county, the date, the name and title of the officer and your own name. Complete this part together with the notary public or other officer.

    Massachusetts Massachusetts Limited Power of Attorney: STATE OF MASSACHUSETTS, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Acknowledgment signature and seal

    The officer signs on the signature line on page 3 and adds the seal where marked.

    Massachusetts Massachusetts Limited Power of Attorney: Signature, filled with sample entries
    Step 8: sample entries, not a real document.
Tip: The template also has a line for a backup agent on page 2. Decide whether you want one before you start filling in the form, so you do not have to stop halfway.

Massachusetts Power of Attorney Requirements and Laws

Massachusetts sets its power of attorney rules in Article V of chapter 190B of the General Laws, sections 5-501 to 5-505: some apply only to a durable power, and others to any written power of attorney, durable or otherwise.

The table lists what each section says, in plain words, with the section it comes from.

TopicWhat the law saysSource
Durable wordingA power of attorney is durable only when its wording says that the principal's later disability or incapacity, or lapse of time, does not affect it, or uses similar words showing that intent.Mass. Gen. Laws ch. 190B, § 5-501
Starting on incapacityA power of attorney may instead say that it becomes effective upon the principal's disability or incapacity, which also makes it durable.Mass. Gen. Laws ch. 190B, § 5-501
Acts during incapacityUnder a durable power of attorney, what the agent does while the principal is incapacitated binds the principal and the principal's successors as if the principal were competent.Mass. Gen. Laws ch. 190B, § 5-502
Court-appointed conservatorIf a court later appoints a conservator or similar fiduciary over all of the principal's property, the agent under a durable power answers to that fiduciary as well as the principal, and the fiduciary may revoke or amend the power.Mass. Gen. Laws ch. 190B, § 5-503(a)
Death of the principalThe principal's death does not end the agency for an agent or other person who acts in good faith without actual knowledge of the death.Mass. Gen. Laws ch. 190B, § 5-504
Incapacity, non-durable powerIf the power of attorney is not durable, the principal's incapacity does not end the agency for an agent or other person who acts in good faith without actual knowledge of it.Mass. Gen. Laws ch. 190B, § 5-504
RevocationA revocation does not end the agency for an agent or other person who acts or relies in good faith without actual knowledge of the revocation.Mass. Gen. Laws ch. 190B, § 5-504
Ending terms in the documentA provision that ends the power on a date or when an event occurs stays in force.Mass. Gen. Laws ch. 190B, § 5-505

The full text of the revocation and death rules is on the Massachusetts Legislature's page for section 5-504.

Limited vs Durable Power of Attorney in Massachusetts

A limited power of attorney sets how much the agent may do, while a durable one sets whether the power survives your incapacity, so one document can be both limited and durable.

Under Mass. Gen. Laws ch. 190B, § 5-501, a power of attorney is durable only if it contains words showing that the agent's authority continues despite the principal's later disability or incapacity.

The FormsPal template lets you choose an end date. One of its termination options ends the power when you are determined to be incapacitated, so a form with that option initialed is built to stop, not to continue. If you want an agent to keep acting for you through an illness, a Massachusetts durable power of attorney form is the better fit.

How to Sign and Use the Massachusetts Limited Power of Attorney

To sign and use a Massachusetts limited power of attorney, you sign and date the form, complete the acknowledgment with an officer, give your agent the document and keep a plan for ending it. The four steps below cover each part.

  1. Sign and Date the Form

    Once all parts of the form are complete, sign and date it on page 2. The date should include the day, month, and year you execute the document.

  2. Complete the Acknowledgment

    Page 3 holds an acknowledgment for a notary public or other officer, who fills in the county and date, signs and adds a seal. Bring an ID that matches the name on the form.

  3. Check What the Other Party Wants

    A bank, registry or agency that will deal with your agent may have its own expectations about witnesses or a notarized original. Ask before you sign, so you can meet them at one sitting.

  4. Keep Copies and Plan the End

    Give your agent the signed original or a copy, keep one for yourself, and note the end date you chose. To end the power early, sign a written revocation and deliver it to your agent and to anyone who relies on the document.

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Delivery matters because, under Mass. Gen. Laws ch. 190B, § 5-504, a revocation does not end the agency for an agent or other person who acts in good faith without actual knowledge of it.

Before you sign, check that every name on the form matches the ID of the person it refers to, and read the whole document once more.
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When a Different Massachusetts Document Fits

A limited power of attorney suits money, property and paperwork tasks, but Massachusetts uses separate documents for health care decisions and for a child's temporary care.

Health care decisions: the health care proxy

Massachusetts lets every competent adult appoint a health care agent by signing a health care proxy, under Mass. Gen. Laws ch. 201D, § 2.

Under Mass. Gen. Laws ch. 201D, § 2, the proxy is signed by the adult, or at the adult's direction, in the presence of two other adults who sign as witnesses.

Under Mass. Gen. Laws ch. 201D, § 2, the person named as health care agent cannot act as a witness to the proxy.

Under Mass. Gen. Laws ch. 201D, § 2, the witnesses affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind and under no constraint or undue influence.

A child's care: a temporary agent

Under Mass. Gen. Laws ch. 190B, § 5-103, a parent or guardian of a minor may appoint a temporary agent for a period not exceeding 60 days, unless the parent's rights were terminated or the parent signed a voluntary surrender.

Under Mass. Gen. Laws ch. 190B, § 5-103, the delegation is a writing signed by, or at the direction of, the parent or guardian, attested by at least 2 witnesses 18 years of age or older, neither of whom is the temporary agent, together with the agent's written acceptance.

Under Mass. Gen. Laws ch. 190B, § 5-103, the temporary agent may receive any power over the child's care, custody or property except the power to consent to marriage or adoption of a minor.

Under Mass. Gen. Laws ch. 190B, § 5-103, a parent may not appoint a temporary agent if the child has another living parent, whose whereabouts are known, willing and able to care for the child, unless that parent consents in writing.

Frequently Asked Questions

Can you fill out a power of attorney online?

Yes, you can fill out this Massachusetts limited power of attorney online with the FormsPal builder on this page, or open the PDF in the FormsPal PDF editor and type your entries. Either way, print the finished form to sign it and save a copy of your entries.

Can I make a power of attorney without a lawyer?

You can fill in and sign this template yourself, following the steps on this page. For a large or unusual transaction, such as the sale of a home, a short talk with a Massachusetts lawyer before you sign can catch problems in how you word the tasks.

Is there a difference between a financial POA and a durable POA?

Yes: “financial” describes what the agent handles, while “durable” describes whether the power continues after the principal's incapacity. Under Mass. Gen. Laws ch. 190B, § 5-501, a power of attorney is durable only if its wording shows that intent.

What is the difference between a limited and a general power of attorney?

A limited power of attorney covers only the tasks you list on the purpose lines, and the agent has no authority beyond them. A general power of attorney reaches your affairs more broadly. If you need help with one transaction or one period of time, the limited form keeps the agent’s role narrow.

Who should I choose as my agent?

Pick someone you trust and can reach easily, because this person will act for you on the tasks you list. Talk to them first so they know what you expect, and think about naming a backup agent on page 2 of the template.

Does the template include a backup agent?

Yes, page 2 of the template has a successor line where you can enter an alternate agent’s name and address, in case your first agent is unable or unwilling to serve. Fill it in if you want a backup agent named in the same document.

What if I make a mistake while filling in the form?

Download a fresh copy of the template and start again, or correct the entry on screen before you print. A clean, easy-to-read page is better than a crowded one with many cross-outs.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.