Berkshire County General Durable Power of Attorney Form (Massachusetts)

The following Massachusetts and Berkshire County supplemental forms are included as a courtesy with your order:

When using these General Durable Power of Attorney forms, the subject real estate must be physically located in Berkshire County. The executed documents should then be recorded in one of the following offices:

Local jurisdictions located in Berkshire County include:

• Adams
• Ashley Falls
• Becket
• Berkshire
• Cheshire
• Dalton
• Drury
• East Otis
• Glendale
• Great Barrington
• Hinsdale
• Housatonic
• Lanesboro
• Lee
• Lenox
• Lenox Dale
• Mill River
• Monterey
• North Adams
• North Egremont
• Otis
• Pittsfield
• Richmond
• Sandisfield
• Savoy
• Sheffield
• South Egremont
• South Lee
• Southfield
• Stockbridge
• Tyringham
• West Stockbridge
• Williamstown
• Windsor

This is a Durable General Power of Attorney governed by Massachusetts Uniform Probate Code, M.G.L. c.190B. A power of attorney is considered durable when (a principal, in writing, designates another as his attorney in fact and the writing contains the words, "This power of attorney shall not be affected by subsequent disability or incapacity of the principal", or "This power of attorney shall become effective upon the disability or incapacity of the principal", or similar words showing the intent of the principal that the authority conferred shall continue notwithstanding the subsequent disability or incapacity of the principal.)(MA Gen L ch 201B statute 1, Section 1. (a))

Some of the powers an agent/attorney in fact can perform behalf of the principal, each one can be denied or amended to fit the required needs of the principal.
POWER TO USE FUNDS TO MAINTAIN LIFESTYLE.
BANKING POWERS.
STOCK AND BOND POWERS.
POWER TO ACCESS SAFE DEPOSIT BOXES.
POWER TO COLLECT PROPERTY.
POWER TO BORROW.
REVERSE MORTGAGE POWERS.
HEALTH CARE DECISIONS.
FUNERAL PLANS.
POWER WITH RESPECT TO TAX MATTERS.
BUSINESS INTERESTS.
POWER TO BUY AND SELL.
POWER TO MANAGE &: SUPERVISE PROPERTY.
GOVERNMENTAL ENTITLEMENT POWERS.
POWER TO MAKE GIFTS.
POWER TO USE FUNDS TO MAINTAIN LIFESTYLE AND CARE FOR PETS.
TRUST POWERS.
TO ESTABLISH, FUND, AMEND AND REVOKE TRUSTS.
POWER TO EXERCISE RIGHTS UNDER RETIREMENT ACCOUNTS.
SPECIAL INSTRUCTIONS (OPTIONAL).

Included is a "Massachusetts Agents Certification Form" verifying the principal is alive, has not revoked the power of attorney, agent has authority to act and his/her authority to act has not terminated; often required by third parties when the agent acts.

(Massachusetts General DPOA Package includes form, guidelines, and completed example) For use in Massachusetts only.

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The documents you receive here will meet, or exceed, the Berkshire County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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