Free Massachusetts Durable Power of Attorney Form

A durable power of attorney in Massachusetts is a written document that lets you, the principal, name an adult agent, also called an attorney-in-fact, to handle financial matters such as banking, property, and taxes on your behalf. Under Massachusetts law, it stays in effect if you later become incapacitated only when the document itself says so. This form covers financial matters only. It does not let your agent make medical or health care decisions, which require a separate health care proxy.

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Massachusetts law. If you notice an error or outdated information, please contact us.

Massachusetts durable financial power of attorney form

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Massachusetts does not publish its own official durable power of attorney form. This document is drafted to meet Massachusetts requirements, but you may also see it called a financial power of attorney or a general durable power of attorney.

Choose an agent you trust completely and who is unlikely to misuse the authority you give them. Do not decide in a hurry. Weigh the responsibilities carefully before you name an agent.

There are several options when designating an agent. An agent can be:

  • your close and trustworthy friend;
  • your close relative;
  • a professional agent or business entity.

Massachusetts Signing Requirements and Laws

Massachusetts has no statute that sets who must sign a durable power of attorney or requires it to be signed in a particular way. What the law does set out is how the document becomes durable and what that durability means once it takes effect.

A Massachusetts durable power of attorney stays in effect if you later become incapacitated, but only when the document itself includes wording showing that intent, such as the language the statute sets out. The same wording can also make the power of attorney springing, so it takes effect only once you become incapacitated rather than right away.[1]

Once the power of attorney is durable, actions your agent takes while you are incapacitated have the same effect as if you had taken them yourself. They bind you and your successors in interest.[2]

If a court later appoints a conservator or another fiduciary to manage your property after you sign the power of attorney, your agent is accountable to that fiduciary as well as to you.[3.1]

You can also use the document to nominate the conservator or guardian you would want if a court later starts a protective proceeding for your person or estate. The court follows that nomination unless there is good cause or a disqualification.[3.2]

The Massachusetts form lets you initial as many of the following categories as you want, or initial the last line to grant all of them at once:

  • Real property transactions;
  • Tangible personal property transactions;
  • Stock and bond transactions;
  • Commodity and option transactions;
  • Banking and other financial institution transactions;
  • Business operating transactions;
  • Insurance and annuity transactions;
  • Estate, trust, and other beneficiary transactions;
  • Claims and litigation;
  • Personal and family maintenance;
  • Social security, Medicare, Medicaid, and other government or military benefits;
  • Retirement plan transactions;
  • Tax matters.

A few of these categories are worth explaining in plain terms. "Commodity and option transactions" covers trading contracts tied to goods like oil or grain, or the right to buy and sell stock at a set price. "Claims and litigation" lets your agent file an insurance claim, settle a dispute, or represent your interests in a lawsuit on your behalf.

You can give your agent all of these powers or only a limited number of them, and you can add personal instructions to guide how your agent carries out the tasks you assign.

How a Massachusetts Durable Power of Attorney Ends

A Massachusetts durable power of attorney ends according to its own terms, such as a stated expiration date or event, in addition to the ways described below.[5] Massachusetts law also protects people who rely on the document in good faith before they learn it has ended.

  • By its own terms, such as a stated expiration date or event;
  • When you revoke it in writing, once your agent or another reliant person has actual notice;
  • When you die, once your agent or another reliant person has actual notice;
  • For a power of attorney that is not durable, when you become disabled or incapacitated, once your agent or another reliant person has actual notice.

Revoking a power of attorney, durable or not, does not end the agent's authority toward an agent or other person who acts in good faith without actual knowledge of the revocation. The same protection applies after the principal's death: the agent's actions still bind the principal's successors in interest if the agent did not know the principal had died.[4]

If a power of attorney is not durable, the principal's disability or incapacity does not end it either, for an agent who acts in good faith without actual knowledge of the change. Those actions still bind the principal and the principal's successors in interest.[4]

In practice, people revoke a power of attorney by signing a written revocation and giving copies to their agent and to any bank, doctor, or other institution that may still be relying on the original document. Telling your agent alone is not always enough if a third party never learns about the change.

Massachusetts Durable Power of Attorney Form Details

Document Name Massachusetts Durable Power of Attorney Form
Other Names Massachusetts Financial Durable Power of Attorney, MA DPOA
Relevant Laws Massachusetts General Laws, Chapter 190B, Article 5
Signing Requirements Not specified by statute
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 37
Available Formats Adobe PDF

Steps to Complete the Form

Once you are familiar with the requirements above, you can complete the document. The Massachusetts form runs five pages, so it should not take long to fill out. Follow the steps below in the order the form presents them.

  • Read the Notice and Name the Principal and Agent (page 1)

Page 1 opens with a notice explaining that the powers listed are broad and do not cover health care decisions. Below the notice, fill in your name and address as the principal and your agent’s name and address.
Principal and agent data inserting section of Massachusetts durable power of attorney

  • Choose the Effective Date (page 3)

Initial one of three options. It can be effective immediately and continue even if you become incapacitated. It can become effective on a specific date you write in. Or it can be springing, meaning it only takes effect once you become incapacitated.
Effective date choosing section of a Massachusetts dpoa form

  • Initial the Powers Granted (pages 1-2)

Read the categories listed in the Signing Requirements section above and initial each power you want to give your agent, or initial the last line to grant all of them at once.
Part for giving powers of a durable power of attorney template for Massachusetts

  • Review the Special Instructions (pages 2-3)

The Massachusetts form includes four pre-printed special instructions. Read them; there is nothing to fill in unless you want to add instructions of your own:

  • Your agent can request and receive your health records under HIPAA, so they can act on the financial side of a medical situation;
  • Your agent can submit, pursue, and settle claims under your health or medical plans;
  • Your agent can access, contribute to, and withdraw from your retirement and savings accounts, such as an IRA or 401(k) style plan;
  • Your agent can access, manage, and close your digital accounts, including email, social media, and online financial or storage accounts.

You can add instructions of your own in the blank lines below these four paragraphs.
Special instructions adding section of a Massachusetts durable power of attorney document

  • Address Multiple Agents and Name a Successor (page 4)

If you name more than one agent, this page lets you say whether they must act together or may each act on their own. It also lets you name a successor agent to serve if your first choice is unable or unwilling to act.

  • Sign and Date (page 4)

Sign and print your name at the bottom of page 4, and fill in the date you are signing.
Signing and inserting date part of Massachusetts durable poa form

  • Complete the Acknowledgment (page 5)

Page 5 is an acknowledgment for a notary public or other authorized officer, who fills in the date, county, and their own signature to confirm your identity.
Notary verification part of a Massachusetts durable power of attorney

See our full list of Massachusetts power of attorney forms for other types, such as a general or medical power of attorney.

seal of massachusetts state
Other Massachusetts Forms
Check out our document builder to personalize any template offered on FormsPal to your requirements. Here is a range of some other printable Massachusetts documents we offer.

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Frequently Asked Questions

These are two questions FormsPal hears most often about a Massachusetts durable power of attorney. Both answers are limited to what Massachusetts law actually says, so you can tell the difference between a real requirement and general practice.

Does Massachusetts require witnesses for a power of attorney?

Massachusetts sets a witness requirement in one specific situation: a parent or guardian’s temporary delegation of authority over a child. That delegation must be signed and attested by at least two witnesses who are 18 or older and are not the temporary agent.[6] That requirement applies to that kind of delegation, not to the durable power of attorney form on this page.

Does a POA need to be notarized in Massachusetts?

Massachusetts has no statute that sets a notarization or acknowledgment requirement for a durable power of attorney.

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Mass. Gen. Laws ch. 190B.

  1. Mass. Gen. Laws ch. 190B, Mass. Gen. Laws ch. 190B, § 5-501.
  2. Mass. Gen. Laws ch. 190B, Mass. Gen. Laws ch. 190B, § 5-502.
  3. Mass. Gen. Laws ch. 190B, Mass. Gen. Laws ch. 190B, § 5-503.
    • 3.1 § 5-503(a)
    • 3.2 § 5-503(b)
  4. Mass. Gen. Laws ch. 190B, Mass. Gen. Laws ch. 190B, § 5-504.
  5. Mass. Gen. Laws ch. 190B, Mass. Gen. Laws ch. 190B, § 5-505.
  6. Mass. Gen. Laws ch. 190B, Mass. Gen. Laws ch. 190B, § 5-103.
Published: Aug 1, 2022
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.