Massachusetts Power of Attorney Laws and RequirementsWith Massachusetts power of attorney agreements, the principal must assign the power of attorney in writing. This is one of many laws pertaining to power of attorney forms in Massachusetts.
With a power of attorney, the principal chooses an attorney in fact, or agent, to handle legal, business and financial transactions in the event the principal is unable to speak or act for himself. This can be a case of an extended vacation or a serious accident resulting in coma or lengthy hospitalization.
Laws Regarding Power of Attorney Agreements in Massachusetts
Until an attorney in fact is notified of the principal's death, he cannot be held accountable for any transactions he makes before notification occurs. Any of these actions will not be considered invalid providing the actions meet the terms of the Massachusetts power of attorney agreement.
While death of the principal revokes the power of attorney, the principal can also revoke any agreements by sending a certified letter to the agent and any interested third parties. Make sure you keep proof of the revocation if any conflict should ever arise.
Massachusetts Power of Attorneys for Medical Reasons
In Massachusetts, a medical power of attorney gives you the means to authorize someone to make decisions regarding things like feeding tubes and life support if you are unable to speak for yourself.
To assign a person as your medical power of attorney agent, you must create a written power of attorney that is signed in front of at least two witnesses. The principal must be a minimum 18 years of age and of sound mental condition. This Massachusetts power of attorney goes into effect when you become incapacitated.
Divorce immediately revokes a medical power of attorney if the ex-spouse is the attorney in fact. Otherwise, Massachusetts law allows you to orally break a medical power of attorney. It's suggested you draft a letter and use certified mail to deliver it. This provides you with proof of the dissolution of the agreement in case any arguments ever arose.
Your physician and attorney in fact cannot be held responsible for any medical treatments made in good faith. If your agent requests a treatment that your physician disagrees with, the doctor must arrange a transfer to a facility that will.
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