Powers of Attorney

Are you worried about what would happen if you could not make your own decisions? A power of attorney can give someone you trust the authority to handle your financial and legal affairs. A Marshfield power of attorney lawyer can help you create a legally binding document that outlines your wishes and protects your interests. With a power of attorney, you can know that your affairs will be handled.

When planning your future, it’s best to have the guidance of an experienced attorney in Marshfield to help you through these decisions.

Quick Summary:

• Power of Attorney Basics: A Power of Attorney (POA) is a document that allows someone (the agent) to manage the financial affairs of another person (the principal). This arrangement is especially useful in situations like military deployment, as it ensures that the principal’s financial responsibilities are looked after in their absence.

• Obtaining a POA in Massachusetts: To obtain a POA in Massachusetts, one must choose a trustworthy agent to act on their behalf. Available POA types include General, Durable, Special or Limited, and Springing Durable Power of Attorney. A lawyer should be consulted to ensure proper document setup, which is simpler and less costly than court-appointed guardianship.

• Choosing an Agent: In Massachusetts, any competent adult, not necessarily a family member, can be appointed an agent. Knowing that their affairs will be in capable hands gives the principal peace of mind.
• Agent’s Authority and Limitations: The assigned agent can handle tasks like paying bills, managing finances, and opening new accounts. However, they’re prohibited from altering the principal’s will, modifying the POA documents, or acting after the principal’s death, ensuring they don’t overstep their role.

• Changing or Revoking POA: A POA in Massachusetts can be changed or revoked by the principal as long as the principal is mentally competent. Revocation requires formal notice to the agent and relevant entities. Additionally, a Massachusetts POA must be witnessed and notarized, and it typically lasts until explicitly terminated or upon the principal’s incapacitation or death. Multiple POAs can be held for different purposes, provided they do not conflict.

What is a Power of Attorney?

A Power of Attorney (POA) is a legally binding document that confers authority to an appointed person, referred to as the attorney-in-fact or agent, enabling them to manage financial affairs on behalf of another person, the principal. By creating a POA, an individual can appoint an “Attorney-in-fact”—not necessarily a lawyer but someone designated to make decisions—to oversee their finances. Starting at 18, any competent adult can establish this legal document and thus safeguard their financial future and preferences.

When Would Someone Need a Power of Attorney?

A power of attorney becomes necessary in Massachusetts when a person wants to ensure their financial affairs can be managed by someone they trust should they be unable to do so themselves. This might happen due to incapacitation from illness, injury, or other reasons that make it challenging for someone to handle their financial matters effectively. 

How Do I Get A Power Of Attorney in Massachusetts?

A Power of Attorney is a paper you sign naming someone as your “agent.” This person will have the authority to act on your behalf. It’s not an easy decision; this person could make significant medical care, money, or property choices. There are several different kinds you can choose from:

• General Power of Attorney: This one allows your agent to do almost any act as if they were you. They can make bank transactions, settle claims, run your business, make gifts on your behalf, and even hire professional help.

• Durable Power of Attorney: This type is helpful because it stays in effect even if you can’t make your own decisions anymore. Finding someone you really trust for this is key.

• Special or Limited Power of Attorney: This one is for a specific purpose. Maybe you need someone to sell a house in another state or handle a specific bank account while travelling.

• Springing Durable Power of Attorney: This type of POA only starts if a specific event happens, like if you cannot make your own decisions.

Having a Power of Attorney in place is generally cheaper and less hassle than if a court has to get involved and set up a guardianship for you. With guardianship, you don’t get to choose who handles your affairs; a judge does.

It’s prudent to talk to a lawyer who works with these things to make sure that your Power of Attorney is set up right. They can help you understand what responsibilities you’re giving to another person and what it all means.

How Can  I Create a Power of Attorney for My Elderly Parent?

When trying to get a power of attorney for a parent, it’s important to start by discussing what they want. You need to be respectful and make sure their desires are being met. Once you agree on who should be the agent and what powers they’ll have, you’ll need a lawyer to make it all legal.

Lastly, you want to be sure about your parent’s future and not worry about what might happen. Working with the right people can help you feel at ease, knowing you’ve done everything possible to ensure their wishes are followed.

Who Can You Choose as Your Power of Attorney?

You can choose anyone you believe who is reliable enough to handle your affairs. In Massachusetts, the law gives allows you to pick your agent even if they are not a family member. You’re not stuck choosing a family member like a spouse or a sibling; you can select any competent adult you trust. This choice is all yours, offering peace of mind that your matters will be in good hands. 

What Can Your Power of Attorney Do?

Selecting someone as your durable power of attorney (POA) is a big decision that can make a huge difference in managing your affairs. So, what powers does this trusted person gain? Here are two major ones:

1. Paying Bills and Managing Finances: They can keep your financial life on track, from paying bills to watching over your investments. It’s like having a financial guardian angel while you’re unable to manage things yourself.

1. Opening New Accounts: Need a new bank or utility account but need help to do it? Your POA can handle this, ensuring your financial affairs remain uninterrupted.

What’s more, they aren’t doing all this for free (unless you want them to). If your POA documents say so, you can offer them reasonable compensation.

What Can’t Your Power of Attorney Do?

However, the power of attorney does come with boundaries. These are in place to protect your interests and ensure that the person acting on your behalf cannot overstep their designated responsibilities. Let’s explore the important restrictions and define what actions are out of bounds for your POA.

There are clear lines your POA cannot cross:

1. Changing Your Will: Your last wishes are just that—yours. Your POA doesn’t have the authority to rewrite your will.
2. Altering POA Documents: Just as they can’t change your will, they also can’t modify the POA agreement themselves. Again, you can make those edits as long as you’re mentally able.
3. Acting After Your Death: The POA’s role ends once you pass away. They can’t use it to manage your estate or influence the probate process.

Can You Change Your Mind About Your Power of Attorney?

Absolutely, yes! One common misconception is that once you set up a POA, it’s fixed forever. That’s not the case. As long as you can demonstrate you’re mentally fit, you have the right to say, “Let’s change things.” You can revoke your POA or choose someone new to take on that important role. It’s an adaptable setup designed to accomodate to your life’s changes.

How is Power of Attorney Revoked?

It’s possible to nullify a Power of Attorney if the principal decides the arrangement is no longer necessary or if the condition prompting its creation has changed, such as a service member returning from deployment. Revocation entails formally informing the attorney-in-fact in writing that their powers have been retracted and requesting the return of all copies of the document. Furthermore, it’s important to notify any businesses or entities that might have been dealing with the attorney-in-fact under the power of attorney that the arrangement has been cancelled.

Why Do I Need a Power of Attorney, Marshfield Lawyer?

Setting up a Power of Attorney (POA) is like preparing for a rainy day – you might not always see the need right away, but when it rains, you’ll be glad you have an umbrella ready. It’s all about making sure someone can legally make decisions for you if you’re ever unable to do so yourself. But not just any umbrella will do; you want one that’s strong, reliable, and right for the storms you might face. That’s where a good lawyer in Marshfield comes in.

A great lawyer for this job is someone who understands you and your needs. They make complex legal stuff simple to grasp. They’re good at explaining things in a way that makes sense without overwhelming you with jargon. Plus, they are up to date with any changes in the law that might affect your POA, ensuring that your document always does what it’s supposed to do. Choosing a local Marshfield lawyer means they’re nearby to help whenever you need updates or have questions, keeping your legal protection as solid as possible.

Call our Power of Attorney, Marshfield Lawyer Now!

Are you thinking about how to protect your family and your hard-earned assets? Looking for someone to help you ensure your wishes are respected if you can’t speak for yourself? It’s a big step, but Cote Law Group, PLLC in Marshfield, is here to guide you with a personal touch. Scheduling with us is easy, and we’ll get your Power of Attorney ready fast – you could have your documents all set in about a month. Plus, as a local team led by Benjamin X. Cote, ESQ, we’re just around the corner whenever you need help with estate planning, including wills and trusts or real estate dealings.

At Cote Law Group, we’ve got you covered, making a challenging task much simpler. To make it easier, you can start with a no-cost initial consultation.

Call us for your free consultation today, or click here to book your spot! Your peace of mind starts now. Let’s get planning!

FAQS 

Does a power of attorney in Massachusetts need to be witnessed?

In Massachusetts, a power of attorney (POA) must be witnessed for it to be considered durable and legally binding. Specifically, the law states that the principal must sign the POA document in the presence of two witnesses. These witnesses should be over 18 years of age, mentally competent, and have no undue influence over the principal, ensuring the integrity and voluntary nature of the agreement.

Does a Massachusetts POA need to be notarized?

Yes, in addition to being witnessed by two adults, a power of attorney in Massachusetts must also be notarized. The principal’s signature on the POA document must be notarized by a notary public to be considered valid. This notarization acts as an extra layer of authentication, confirming that the principal signed the document of their own free will and that their identity has been verified.

How long is a power of attorney good for in Massachusetts?

In Massachusetts, the duration of a power of attorney can vary based on the terms set within the document. However, suppose it is a durable power of attorney. In that case, it remains effective unless it specifies a termination date or event or until the principal revokes it, the principal dies, or a court invalidates the POA. It is designed to endure even if the principal becomes incapacitated, ensuring that the appointed agent can continue to act on the principal’s behalf without interruption.

Who can override a power of attorney in Massachusetts?

In Massachusetts, the principal can override or nullify a power of attorney by revoking the authority granted to their attorney-in-fact anytime as long as the principal is competent. In certain circumstances, a court can also override a power of attorney if it finds the attorney-in-fact is not acting in the principal’s best interests or if the principal cannot competently revoke the POA themselves due to incapacity.

Can you have more than one power of attorney in Massachusetts?

Yes, in Massachusetts, it is possible to have more than one power of attorney. A principal might choose to set up multiple POAs, each with different scopes of authority or about other areas of their affairs, such as one for financial matters and another for healthcare decisions. However, it’s essential to ensure that the duties and powers assigned in multiple POAs do not conflict and that each attorney-in-fact is clear about their responsibilities.