Updated August 3, 2026. Quick answer: G.L. c.190B §5-501 requires only a signed writing containing express durability language (e.g., ‘This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time’ or similar wording); §§5-501–5-507 do not themselves require notarization or witnesses.. This state has no statutory form. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
| Execution | G.L. c.190B §5-501 requires only a signed writing containing express durability language (e.g., ‘This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time’ or similar wording); §§5-501–5-507 do not themselves require notarization or witnesses. |
| Statutory form | No |
| Durability | Must say it is durable |
| Who may not witness | n/a — the statute states no witness requirement at all. |
| Agent must accept in writing | Not verified |
| Statute | Mass. Gen. Laws c.190B, Article V, §§5-501 through 5-507 (durable powers of attorney) |
What decides whether the document is valid
G.L. c.190B §5-501 requires only a signed writing containing express durability language (e.g., ‘This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time’ or similar wording); §§5-501–5-507 do not themselves require notarization or witnesses. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: n/a — the statute states no witness requirement at all. This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
There is no statutory form
Massachusetts does not put a form in its statute, so there is nothing official to copy. The requirements above still govern whatever document you use.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
What is and is not settled on this page. The execution requirements above were read directly from this state’s own statute and are stated as verified. Some secondary fields — whether the agent must accept in writing, and the full mechanics of a springing power — could not be pinned down in the sections reached, and are shown as not verified rather than filled in.
If a bank refuses it
Massachusetts addresses this by statute: G.L. c.190B §5-506 (‘Enforcement’): the attorney-in-fact may ‘prosecute legal action for damages … in the event of an unreasonable refusal of a third party to honor the authority of a valid durable power of attorney.’ This is a private damages remedy only — no deadline for acceptance, no authorized court order compelling acceptance, no attorney’s-fee shifting mentioned.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
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If the free form does not fit your situation
This state has no statutory form to copy, which is the case where a drafted document earns its keep. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. Where the estate is complex or a dispute is likely, see a lawyer instead.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.