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5 Key Duties of an Attorney-in-Fact in Massachusetts

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If you’ve been named as someone’s attorney-in-fact under a Massachusetts power of attorney, you’ve taken on more than just a favor — you’ve accepted fiduciary responsibilities. These duties are legally binding, and failing to follow them can lead to disputes or even personal liability. Here are five key duties every attorney-in-fact should know:
  1. Act in Good Faith & Loyalty 
You must always put the principal’s best interests first. That means no self-dealing, no conflicts of interest, and every decision made with honesty and loyalty.  
  1. Keep Meticulous Records 
Track everything. Keep receipts, maintain ledgers, and be prepared to account for all money in and out. Courts expect attorneys-in-fact to document every transaction clearly.  
  1. Avoid Commingling Funds 
The principal’s money is not your money. Always keep finances separate, with distinct accounts. Mixing funds creates confusion — and can lead to accusations of misuse.  
  1. Communicate & Stay Transparent 
Keep the principal informed whenever possible. If a guardian or conservator is later appointed, you may also need to report to them. Transparency builds trust and prevents disputes.  
  1. Preserve the Estate Plan
Your role is to carry out the principal’s intentions, not change them. Avoid gifts or transfers unless the power of attorney clearly authorizes them. Protect the estate plan that’s already in place.   Final Thoughts Serving as attorney-in-fact is an honor — but it comes with serious legal responsibilities. By acting with loyalty, documenting every action, and respecting the principal’s wishes, you’ll protect both yourself and the person who trusted you with this authority. If you need help drafting a power of attorney, understanding your responsibilities, or resolving disputes, Cote Law Group can help. Contact us today to schedule a consultation. Disclaimer: This article is for informational purposes only and is not a substitute for legal advice. Always consult with a qualified Massachusetts estate planning attorney about your specific situation.
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