Power of Attorney Requirements in Massachusetts
Massachusetts law defines a durable power of attorney as a written appointment containing durability language and does not set notary or witness requirements, though notarization is needed in practice for recording and widely expected.
Last checked . General information, not legal advice.
Massachusetts at a glance
- Notarization
- Not required by statute
- Witnesses
- None
- Uniform Power of Attorney Act
- Not adopted
- Massachusetts uses its own statute
The rules in Massachusetts
Does a power of attorney need to be notarized in Massachusetts?
Massachusetts law sets no notarization requirement for a power of attorney. Banks and title companies may still ask for one.
How many witnesses does a power of attorney need in Massachusetts?
None. Massachusetts does not require witnesses for a power of attorney.
Has Massachusetts adopted the Uniform Power of Attorney Act?
No. Massachusetts has its own power of attorney statute rather than the Uniform Power of Attorney Act.
Where do the Massachusetts rules for powers of attorney come from?
They come from M.G.L. c. 190B, 5-501 Durable power of attorney and Uniform Law Commission, Power of Attorney Act. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Massachusetts compares
Massachusetts is one of 7 jurisdictions that set no notarization requirement.
What this means in practice
Even where notarization is optional, banks, brokers and title companies often ask for a notarized power of attorney before they act on it. Notarizing is usually the safer choice.
Choose an agent you trust, name a backup, and give the agent a signed copy. Keep the original in a place your agent can reach.
You can revoke a power of attorney while you have capacity. Tell your agent and anyone who relied on it, in writing.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.