What is a durable power of attorney?

A durable power of attorney is a legal document that allows someone to make decisions on behalf of another person in the event of their incapacitation or death. This document is most commonly used in Massachusetts for estate planning and can come into effect immediately or upon the occurrence of a predetermined event. A durable power of attorney is created by a principal, or the individual granting the power of attorney, and an agent, or the individual granted the power of attorney. In the document, the principal must also specify the scope of the agent’s authority to act on their behalf. Some of the tasks the agent might be responsible for are managing financial accounts, tax filing, signing and filing court documents, accessing the principal’s safe deposit boxes, and representing the principal in real estate transactions. The agent may also be responsible for making healthcare or other personal or legal decisions that can come up during the principal’s lifetime. Under Massachusetts law, when the document is properly created and signed, the agent may have authority to act on behalf of the principal even if the principal becomes incapacitated or dies. This is why it’s important for anyone creating a durable power of attorney document to make sure it is valid and that their wishes are clearly stated.

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What is a durable power of attorney?

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