Power of attorney in Massachusetts: form, signing and powers
The form, the signing rules, durable or not, and what an agent can do in Massachusetts, from Massachusetts law.
Checked against official sources: October 31, 2026.
Short answer
Durable power of attorney, Massachusetts Uniform Probate Code
- How to sign
- Signed by you; the law requires no notary or witnesses
- Durable unless it says otherwise?
- No: it continues after incapacity only if it says so.
- Uniform Power of Attorney Act
- No
Words used in Massachusetts
In Massachusetts you name an attorney in fact for money and property in a durable power of attorney, and a health care agent in a health care proxy. Massachusetts has no living will law. If an adult cannot manage, the Probate and Family Court can appoint a guardian, a conservator, or both.
An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.
- Money and property
- Durable power of attorney
- The person you choose
- Attorney in fact
- Health care
- Health care proxy (naming a health care agent)
- Court-appointed decision-maker
- Guardian of an incapacitated person (personal and health decisions) and conservator of a protected person (money and property); both can be limited
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
Official forms in Massachusetts
Forms published by the state or its courts. You open them on the official site.
Guardianship / conservatorship
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).
Free help in Massachusetts
- Court Service Centers (Massachusetts Trial Court, free help)
- Mass.gov: File for guardianship of an incapacitated person
- Mass.gov: Massachusetts Health Care Proxy form
- Find free legal aid at LawHelp.org
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
Questions about powers of attorney in Massachusetts
What is a power of attorney called in Massachusetts?
Durable power of attorney. In Massachusetts you name an attorney in fact for money and property in a durable power of attorney, and a health care agent in a health care proxy. Massachusetts has no living will law. If an adult cannot manage, the Probate and Family Court can appoint a guardian, a conservator, or both.
Does a power of attorney have to be notarized in Massachusetts?
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.