Ensuring that your legal and financial wishes are met by a trusted person or family member if you become incapable of handling them on your own, is the purpose of creating a Massachusetts durable power of attorney. This gives the person you install in such a role, referred to as an attorney-in-fact, legal authority to make decisions on your behalf. This especially becomes important if you ever become incapacitated.
Having a Massachusetts durable power of attorney prepared is the first step followed by having it appropriately witnessed. It is a good idea to have your Massachusetts durable power of attorney form witnessed by a notary as well as two independent witnesses.
A person installed as a Massachusetts durable power of attorney agent or attorney-in-fact must be of sound mind and over the age of 18.
The durable power of attorney document ends at the death of the creator.
Ensuring that the person you select to serve as your attorney-in-fact is comfortable with this role is key in putting together your Massachusetts durable power of attorney. It is equally important to retain an experienced and qualified estate planning lawyer in Massachusetts to help you with the drafting of this critical document.