Practice Areas
Power of Attorney Lawyer Serving Massachusetts
A durable power of attorney is the document that keeps your family out of court if you are alive but unable to manage your own finances.
Overview
Powers of Attorney in Massachusetts
A power of attorney authorises someone you choose — your agent, sometimes called an attorney-in-fact — to act for you on financial matters. Paying bills, managing bank and investment accounts, dealing with insurance and taxes, handling real estate, applying for benefits. A durable power of attorney is written so that authority survives your incapacity, which is precisely when you need it most.
Without one, no one has automatic authority over your finances. Not your spouse for accounts in your sole name, not your adult children, not the person named in your will — a will has no effect while you are alive. Your family's only option is to petition the Probate and Family Court to be appointed conservator: a public proceeding requiring a medical certificate, filing fees, court oversight, and annual accountings, typically taking months.
That entire process is avoided by a document you sign in an afternoon while you have capacity. The catch is that you must sign it before you need it — once capacity is gone, so is the option.
Choosing the right agent matters as much as having the document. This is unsupervised authority over your money, so it goes to someone trustworthy, organised, and willing to serve. We help you think it through, including naming successors in case your first choice cannot act.
Scope of Work
What we handle
Durable powers of attorney
Massachusetts-compliant documents that stay effective if you later become incapacitated, drafted with the breadth of authority your situation actually calls for.
Choosing and replacing an agent
Working through who should hold the authority, whether to name co-agents, and building in successors — plus revoking and replacing an agent when circumstances change.
Immediate vs. springing authority
Deciding whether the document takes effect at signing or only on a finding of incapacity, and understanding why banks often make the second option harder to use.
Coordination with your trust
Ensuring your agent has authority to fund and manage trust assets, so the two documents work together instead of leaving gaps.
Institutional acceptance problems
Dealing with banks and brokerages that refuse an otherwise valid power of attorney, including institution-specific forms where needed.
The Process
Three steps, start to finish
- 01
Consult
A free conversation about your family, your assets, and what you want to happen. You leave knowing what you need — even if that turns out to be less than you expected.
- 02
Draft
Your power of attorney is drafted with the specific powers your circumstances require, and reviewed with you so both you and your agent understand its limits.
- 03
Sign & distribute
Properly executed and notarised, with copies delivered to your agent and — where it saves trouble later — filed with your bank in advance.
Money and medicine are two different documents
A power of attorney covers finances. A health care proxy covers medical decisions. They are governed by separate Massachusetts statutes, they can name different people, and a complete plan includes both.
FAQ
Powers of Attorney: common questions
What is the difference between a power of attorney and a health care proxy?
A durable power of attorney covers money and property — banking, bills, real estate, taxes, insurance. A health care proxy covers medical decisions. They are separate documents governed by separate Massachusetts statutes, they can name different people, and you need both.
When does a power of attorney take effect?
Most Massachusetts durable powers of attorney take effect as soon as they are signed and remain effective if you later become incapacitated. A 'springing' power of attorney only activates on a finding of incapacity, which sounds safer but often causes delays when banks demand proof. We will walk you through the tradeoff.
Can I revoke a power of attorney?
Yes, at any time, as long as you have capacity. Revocation should be in writing, the original document should be retrieved or destroyed where possible, and — most importantly — every bank, brokerage, and institution that has a copy on file must be notified directly.
What happens if I become incapacitated without a power of attorney?
Your family has to petition the Probate and Family Court to be appointed conservator. That is a public proceeding with filing fees, a medical certificate, court oversight, and annual accountings — months of delay and expense that a one-page signature during your lifetime would have avoided.
Can I name more than one agent?
You can name co-agents, and you can name successor agents who step in if your first choice cannot serve. Co-agents who must act jointly can deadlock or slow down routine transactions, so in most plans we name one agent with clear successors behind them.
Does my agent have to be a Massachusetts resident?
No. Your agent can live anywhere, though someone within driving distance of your bank, home, and doctors usually has an easier time. What matters more is that they are trustworthy, organized, and willing to take it on — ask them before you name them.
More questions? Read the full FAQ.
Keep Reading
Documents that work alongside this one
Ready to Protect Your Family's Future?
Tell us about your family and we will tell you exactly what your plan should include — no charge for the first conversation, and no obligation afterward.