Power of attorney, health care directive and guardianship in Massachusetts

Financial power of attorney in Massachusetts

Law and official form

Law

Durable power of attorney, Massachusetts Uniform Probate Code

Uniform Power of Attorney Act

No

Law: M.G.L. c. 190B, §§ 5-501 to 5-507

Signing rules

How to sign

Massachusetts law requires the power of attorney to be in writing, and a durable power of attorney must contain words saying it survives your incapacity. The statute sets no witness or notary rule. A power of attorney used to sell or mortgage real estate must be acknowledged before a notary public so it can be recorded or registered.

Who signs

Signed by you (the principal) in writing.

Notary

Not required

Witnesses

None required

Law: M.G.L. c. 190B, § 5-501

Durable and springing

Is it durable?

A power of attorney is durable only if the writing contains words such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time' or 'This power of attorney shall become effective upon the disability or incapacity of the principal', or similar words.

Law: M.G.L. c. 190B, § 5-501

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A durable power of attorney can say it becomes effective upon your disability or incapacity. The statute does not say how incapacity must be shown; the document can set that.

Law: M.G.L. c. 190B, § 5-501

When it ends and how to revoke it

It ends when

• You revoke it
• You die (people who act in good faith without knowing of the death are protected)
• The end date it states
• You become incapacitated, if it is not durable
• A conservator or guardian of your estate revokes it

How to revoke

You can revoke a power of attorney. To bind a bank or other third party, give them a written revocation you signed; they are treated as knowing of it only when they actually receive it.

Telling others

An attorney in fact or other person who acts in good faith without actual knowledge of the revocation is protected. A person other than the attorney in fact is not treated as knowing of the revocation unless it is in a writing signed by you (or your personal representative) and actually received by that person, or, for real estate, recorded.

Law: M.G.L. c. 190B, § 5-504(c)

If it was recorded

For real estate, a revocation counts as notice when it is recorded under M.G.L. c. 184, § 25. For registered land, an instrument revoking the power of attorney must be acknowledged and registered with the Land Court registry district like the original.

Law: M.G.L. c. 185, § 110

Law: M.G.L. c. 190B, §§ 5-502, 5-503, 5-504; M.G.L. c. 190B, § 5-504

Banks, other states and real estate

Banks and other businesses

No one acting in good faith reliance on a durable power of attorney is liable for it. The attorney in fact may sue for damages on your behalf if a third party unreasonably refuses to honor a valid durable power of attorney. An affidavit by the attorney in fact that they did not know of a revocation, your death or incapacity is conclusive proof for good-faith reliance.

Law: § 5-507; § 5-506; § 5-505

Real estate

A power of attorney used to convey real estate is subject to the law on acknowledging and recording deeds, so it must be notarized (acknowledged) to be recorded at the registry of deeds; for registered land it must be acknowledged, filed and registered with the Land Court registry district. The acknowledgment must substantially follow the form in M.G.L. c. 222, § 15 (M.G.L. c. 183, §§ 29, 32; c.

Law: 185, § 110

Health care directive in Massachusetts

The document and its form

Document

Health Care Proxy

Living will

No statutory living will

The living will is a separate document.

Massachusetts has no living will statute. You can write your wishes in the limits or instructions of your health care proxy for your agent to follow.

Law: M.G.L. c. 201D, §§ 2, 4; M.G.L. c. 201D, §§ 4, 5

Signing rules

How to sign

Sign the health care proxy (or have someone sign at your direction) in front of two adult witnesses, who also sign. No notary is required. The proxy must name you and your agent, say the agent can make health care decisions for you, list any limits, and say the agent's authority starts when it is determined that you lack capacity.

Who signs

Signed by you, or by another person at your direction, in the presence of two adult witnesses.

Notary

Not required

Witnesses

2

Who cannot witness

Two adults must sign as witnesses and affirm in writing that you appeared to be at least 18, of sound mind and under no constraint or undue influence. The person named as health care agent cannot be a witness.

Law: M.G.L. c. 201D, §§ 2, 4

Who can be your agent and what the agent can do

Who cannot be your agent

Any adult, except an operator, administrator or employee of a facility where you are a patient or resident, or have applied for admission, when you sign, unless that person is related to you by blood, marriage or adoption.

Law: M.G.L. c. 201D, § 3

When the agent starts

The agent's authority begins when your attending physician determines in writing that you lack capacity to make or communicate health care decisions, with the cause, nature, extent and likely length. If the cause is mental illness or developmental disability, the physician must have or consult someone with specialized training. The authority stops if you regain capacity and restarts if you lose it again.

Law: M.G.L. c. 201D, § 6

Decisions an agent cannot make

The agent can make any health care decision you could, including about life-sustaining treatment, subject to limits you write in the proxy. If you object to the agent's decision, your decision prevails unless a court finds you lack capacity.

Law: M.G.L. c. 201D, §§ 5, 6

Revoking and conflicting documents

Revoking your agent

You can revoke a health care proxy by telling your agent or a health care provider, orally or in writing, or by any other act showing you intend to revoke it. A new health care proxy also revokes the old one.

Revoking your instructions

The same rules apply to any instructions in the proxy.

Telling others

A physician who learns of the revocation must record it in your medical record and notify the agent and your known health care providers orally and in writing. An agent or nurse who learns of it must tell the attending physician.

Divorce ends a spouse's authority

Yes · Divorce rules in Massachusetts (Divorce Law Map)

Conflicting documents

Health care decisions by your agent have priority over decisions of anyone else, including an attorney in fact under a durable power of attorney, unless the proxy or a court order says otherwise.

Law: M.G.L. c. 201D, § 5

Law: M.G.L. c. 201D, § 7

If you have no directive

Who decides without a directive

Massachusetts has no statute naming a default family decision-maker. If you have no health care proxy, providers may rely on the informed consent of 'responsible parties' to the extent other law allows, or a court may appoint a guardian.

Law: M.G.L. c. 201D, § 16

Law: M.G.L. c. 201D, § 16

Other states, registry and medical orders

Signed in another state

A health care proxy or similar document made in another state under that state's law is enforceable in Massachusetts, subject to the conscience rules in sections 14 and 15.

Law: M.G.L. c. 201D, § 11

POLST (medical orders)

Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST); the state is moving to the National POLST model (MassPOLST) in Spring 2027

Official page

Guardianship and conservatorship in Massachusetts

What guardianship or conservatorship is

What it is called

Guardian of an incapacitated person (limited or general), conservator of a protected person (limited or unlimited), temporary guardian or conservator

When a court may appoint one

An 'incapacitated person' has a clinically diagnosed condition that makes them unable to receive and evaluate information or make or communicate decisions to the point that they cannot meet essential requirements for physical health, safety or self-care, even with technological help; advanced age alone is not enough. The court must find that the person's needs cannot be met by less restrictive means, and should order only what the person's limitations require. A medical certificate dated within 30 days (or a clinical team report for intellectual disability) is required. A conservator may be appointed for someone unable to manage property because of a clinically diagnosed impairment, or who is detained or unable to return to the U.S.

Law: M.G.L. c. 190B, §§ 5-101(9), 5-303, 5-306; § 5-401

Kinds

• General (plenary) guardian
• Limited guardian
• Conservator (limited or unlimited)
• Temporary guardian or conservator

Law: M.G.L. c. 190B, §§ 5-101, 5-303, 5-305, 5-306, 5-401, 5-409

Who can ask, which court and your own choice

Who may ask

The person alleged to be incapacitated or any person interested in their welfare.

Law: M.G.L. c. 190B, § 5-303(a)

Court

Probate and Family Court in the county where the person lives (or where a will nominating the guardian could be probated, or where the person is admitted to a facility by court order).

Choosing your own

You can nominate your future guardian or conservator in a durable power of attorney and ask that bond sureties be waived. The court must follow your most recent nomination unless there is good cause or the person is disqualified.

Law: M.G.L. c. 190B, §§ 5-503(b), 5-305(b), 5-409(a)(1)

Effect on a power of attorney

If a conservator or guardian of your estate is appointed, your attorney in fact must account to that fiduciary as well as to you, and the fiduciary can revoke or amend the power of attorney as you could have.

Law: M.G.L. c. 190B, § 5-503(a)

Cost, fee waiver and forms

Filing fee

The Probate and Family Court's guardianship filing page lists no filing fee for the petition. A fee for service of process may apply and varies. Letters of appointment are free; additional letters cost $25 each.

Fee waiver

A fee waiver may be available for the cost of publishing notice in a newspaper.

Source: Probate and Family Court guardianship page

Forms

• MPC 120 Petition for Appointment of Guardian for an Incapacitated Person
• MPC 400 Medical Certificate (guardianship or conservatorship)
• MPC 402 Clinical Team Report
• MPC 801 Bond
• MPC 720 Decree and Order of Appointment of Guardian
• MPC 821 Guardian's Care Plan/Report

Steps

Steps

Other options and where to report abuse

Less restrictive options

• Less restrictive means: The court may appoint a guardian only if the person's needs cannot be met by less restrictive means, including technological assistance, and can limit the guardian's powers.
• Durable power of attorney: An attorney in fact you choose handles money and property.
• Health care proxy: An agent you choose makes health care decisions if you cannot.

Report abuse or exploitation

Adult Protective Services: Executive Office of Aging & Independence (adults 60+); Commission for the Protection of Persons with Disabilities (adults 18-59 with disabilities, 1-800-426-9009) · (800) 922-2275

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Good to know in Massachusetts

• A Massachusetts power of attorney is durable only if it contains words saying it survives your incapacity.

  Law: M.G.L. c. 190B, § 5-501

• Massachusetts has no living will statute and no default surrogate statute; the health care proxy is the main document.

  Law: M.G.L. c. 201D

• A conservator of your estate can revoke or amend your power of attorney.

  Law: M.G.L. c. 190B, § 5-503

• A health care proxy is revoked by divorce or legal separation when your spouse is the agent.

  Law: M.G.L. c. 201D, § 7

Changes in 2024–2026

Supported decision-making bills are pending in the 194th General Court (S.155 reported favorably and referred to Senate Ways and Means on 10/16/2025; H.5644 reported from House Health Care Financing on 8/10/2026); they are not law. Massachusetts is moving from the MOLST form to the National POLST model (MassPOLST) in Spring 2027 (Executive Office of Aging & Independence).

Questions about powers of attorney in Massachusetts