Massachusetts Durable Power of Attorney Form

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The Massachusetts Durable Power of Attorney Form is designed to give the Attorney-in-Fact power to act on behalf of the Principal even if the Principal is declared unable to make their own decisions by a doctor. There are many reasons why a Principal might be declared incapacitated, although the most common is that they are either comatose or diagnosed mentally ill.

In Massachusetts, a Durable Power of Attorney where the Principal and Attorney-in-Fact are married does not automatically terminate if they get a divorce. In the Principal wishes to revoke the Attorney-in-Fact’s power after they get a divorce, they will have to voluntarily revoke it, although if they have not decided on a new Attorney-in-Fact, they may wish to leave the power with their former spouse until they decide on one.

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