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The thought of not having a trustworthy person make sensible decisions about your health or finances is unsettling, isn’t it? With many people making tough health care decisions towards the end of their lives, it is only fair for you to lay out your wishes and expectations early in life to ensure that you protect yourself and those you love.
A power of attorney refers to a legal instrument which you use to empower someone else with authority over your health care, children, or finances in the event of disability or incapacitation. The legal document recognizes you as the principal and the person you hand over power to as the agent or the attorney-in-fact.
In this article, we shall look into the types of powers of attorney in greater details to guide you as you get ready to fill your free Massachusetts power of attorney form.
Massachusetts Durable Power of Attorney Laws
The durable POA is the document recognized under law as a legal presentation of the will (wishes) of a principal over their health care as presented by an attorney-in-fact. The principal grants power to an agent as a show of trust and their ability to make informed choices about their health. The individual acting as the agent makes decisions in place of the principal.
Often the document is springing in nature because it comes into effect only after the principal gets injured or falls ill and unable to make decisions about their health.
The agent gets to decide on the principal’s life-sustaining treatments (excluding procedures on the alleviation of pain or provision of comfort). The decisions concerning the principal’s life-sustenance are subject to express limitations made to the health care’s proxy. This is the case because proxies have authority over everyone else, including the agent with the durable POA unless the principal or the court gives limitations.
What are the legal requirements for one to be an agent in a durable letter of authorization in Massachusetts?
The agent should be a competent adult
The POA document should be in be in writing and signed
The signing of the document has to take place in the presence of 2 adult witnesses who subscribe to the contents of the legal document. The adult witnesses should agree that the principal appeared 18 years, of sound mind and that the principal acted without distress or under any undue influence.
The document should also contain information about the health care proxy. The health care proxy should have the identity of the principal as well as the health care agent. It should also illustrate the principal’s intentions to give the agent authority for making health care decisions on their behalf. It also outlines the limitations of the agent.
Revocation of the health care letter of attorney
The power granted to the agent gets revoked through the notification of the health care provider or the agent in writing or orally. It could also be through other means like evidence of the principal’s intention to revoke the power of the proxy.
It’s revoked upon the appointment and the execution of a new health care proxy
It’s also revoked in case of a legal separation or a divorce.
The letter of authority is executable in a different jurisdiction or state as long as it complies with the state laws.
The state offers immunity to an attending physician, and they will not be criminally or professionally liable for acting in good faith and as per the decisions of the agent or the health care proxy.
Massachusetts Limited Power of Attorney Law
If you need an agent to carry out specific roles on your behalf when you are unavailable or unable to make the decisions, you will need the limited POA document when looking for your free power of attorney form in Massachusetts.
The specific powers are irrevocable unless the principal issues notice or revocation of powers in writing. The written revocation notice should be issued to the acting agent or attorney-in-fact, as well as all the third parties affected by the authority of the principal’s agent.
Massachusetts Power of Attorney for Childcare Law
A letter of authority over a child is often issued when a parent wishes signs and notarizes a document handing over general or specific powers to a non-parent for a specific period. The authorized person can make decisions over the child’s course of medical treatment or allow the child to take part in an activity by signing them up, among other decisions. In some cases, parents hand over specific powers to the attorney.
Like granting power, the parent can revoke the power from the non-parent at any time before the duration of the document’s execution elapses. All they need to do is to fill in a revocation form and giving a revocation notice to the non-parent, in person. The revocation of the powers takes effect as soon as the parent delivers the document.
If you are residing in Worcester, Boston, Springfield, Cambridge, Lowell, Brockton, New Bedford or any other city of Massachusetts, you can avail our power of attorney forms smoothly.