Planning for the future means preparing for unexpected situations. A power of attorney (POA) is one of the most important estate planning documents you can have in place. It allows you to name someone you trust to make financial and legal decisions if you are ever unable to do so yourself.
At Surprenant, Beneski & Nunes, we help Massachusetts families create tailored powers of attorney that protect their interests and ease stress for loved ones.
What Is a Power of Attorney?
A power of attorney is a legal document in which you appoint another person, called your agent or attorney-in-fact, to act on your behalf. You must sign the document while you have the mental capacity to understand what it means.
Your agent may be given authority to handle matters such as:
- Managing bank accounts, stocks, bonds, and insurance
- Handling real estate transactions
- Paying bills and filing taxes
- Applying for government benefits
- Hiring or firing professionals like lawyers or accountants
- Making decisions about retirement benefits
What Types of Power of Attorney Are There in Massachusetts?
There are several forms of POA, each serving a different purpose.
General (Ordinary) Power of Attorney
- Grants broad authority to your agent to act on your behalf.
- Typically used for limited purposes, such as signing real estate documents.
- Ends when you become incapacitated.
Durable Power of Attorney
- Remains effective even if you become incapacitated.
- Often includes language such as, “This power of attorney shall not be affected by subsequent disability or incapacity.”
- Prevents the need for a court-appointed conservator.
Limited or Special Power of Attorney
- Authorizes your agent to act only for specific transactions, such as selling a house.
- Ends once the transaction or timeframe is complete.
Springing Power of Attorney
- Only takes effect if a specific event occurs, usually your incapacity.
- Provides peace of mind if you want to retain control until a certain condition is met.
- Can create delays, since a doctor’s certification of incapacity is usually required before the agent can act.
Why Do You Need a Power of Attorney?
Without a POA, your family may have to go to court to have a conservator appointed if you become incapacitated. This process is time-consuming, costly, and may result in someone being chosen that you would not have selected yourself.
Having a POA in place ensures:
- You remain in control of who manages your affairs.
- Decisions can be made quickly in urgent situations.
- Your loved ones avoid stressful court proceedings.
How Do You Choose the Right Person as Your Agent?
Your agent will have significant responsibility, so the decision should not be taken lightly. Consider whether the person is:
- Trustworthy — someone who will act in your best interests.
- Organized — able to handle financial and legal responsibilities.
- Available — willing and able to take on the role when needed.
- Level-headed — able to make decisions under stress.
It does not have to be a lawyer or financial professional; many people choose a spouse, adult child, or close friend.
How Do You Become Someone’s Power of Attorney?
If you are asked to serve as someone’s agent:
- The individual creating the POA must complete and sign the document.
- You must agree to accept the responsibility.
- Once the document is executed, you should keep a copy for your records.
- When acting as POA, you must always act in the best interest of the person who appointed you.
Can a Power of Attorney Be Limited or Revoked?
Yes. You can tailor your POA to limit your agent’s powers, giving them only as much authority as you’re comfortable with.
A POA can also be revoked at any time while you still have capacity. To revoke it, you must:
- Put the revocation in writing.
- Destroy old copies of the POA.
- Notify banks, businesses, or individuals who may have relied on it.
Common Questions About Power of Attorney
Is a POA only for older adults?
No. Anyone over 18 can benefit from a POA. Accidents or sudden illness can happen at any age.
Can I name more than one agent?
Yes. Some people appoint co-agents. However, this can sometimes create delays if both must agree on every decision.
Does a POA give my agent power after I pass away?
No. A POA ends when you die. At that point, your will or trust governs how your estate is handled.
Working With an Estate Planning Attorney
Creating a POA is not one-size-fits-all. The right provisions depend on your goals, your family, and your assets. At Surprenant, Beneski & Nunes, we work closely with you to ensure your POA is clear, valid, and tailored to your circumstances.
Take the Next Step
Preparing a power of attorney now can save your family from unnecessary stress later. With offices in New Bedford, Easton, and Hyannis, we make it convenient for families across Southeastern Massachusetts to meet with us. Contact Surprenant, Beneski & Nunes today to schedule a consultation and put the right protections in place.