What the rule says
Massachusetts's POA framework is part of the Massachusetts Uniform Probate Code at Mass. Gen. Laws ch. 190B § 5-501 et seq. Unlike many states that have adopted the Uniform Power of Attorney Act with default-durable rules, Massachusetts retains the requirement that durability be expressly stated.
A Massachusetts POA is durable only if the document includes specific language showing intent for the POA to continue despite incapacity:
- "This power of attorney shall not be affected by my subsequent incapacity" - "This power of attorney shall become effective upon my incapacity" - Substantively similar language
Without this language, the POA terminates at the principal's incapacity.
How MA compares to other states
Massachusetts's express-durability requirement places it alongside California, Texas, New Jersey, and Michigan. Other states (Florida, NY, Ohio, GA, Illinois, NC, VA) have moved to default-durable rules.
Massachusetts has not adopted the comprehensive Uniform Power of Attorney Act framework that includes specific hot powers requirements and detailed third-party acceptance protections.
Healthcare proxy is separate
MA separates property and healthcare frameworks. Healthcare decisions require a Massachusetts Health Care Proxy under Mass. Gen. Laws ch. 201D, a distinct document with its own execution requirements.
Execution requirements
A valid MA durable POA must be:
- Signed by the principal - Acknowledged before a notary public (recommended for real estate transactions)
What happens without a POA
If an MA resident becomes incapacitated without an executed durable POA, the family must seek conservatorship under Mass. Gen. Laws ch. 190B § 5-401 et seq.
What you can do about it
For MA residents:
- Execute a durable POA with express durability language. - Acknowledge before a notary. - Specifically grant any significant powers (gifts, beneficiary changes, trusts). - Designate a successor agent. - Coordinate with the Health Care Proxy. - Update older POAs.
Who this affects most
MA's express-durability requirement is most consequential for MA adults without executed POAs, households with non-durable POAs, and out-of-state relocators with default-durable POAs that may not work in Massachusetts.