Signing Over Authority
G.L. c. 190B, § 5-501 — durable only with the words, and good faith protected until notice
In Massachusetts, a durable power of attorney is one in writing that contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the same intent.
What the words do. Acts done under a durable power of attorney during the principal's disability or incapacity bind the principal as if the principal were competent. Unless it states a time of termination, it does not lapse with time.
The second wording makes it springing: the authority begins on the principal's disability or incapacity, which the chapter reads as mental illness or other disability recognized under the General Laws.
If a court later appoints a conservator or other fiduciary over all the principal's property, the attorney in fact is accountable to that fiduciary as well as to the principal, and the fiduciary can revoke or amend the power as the principal could have. A durable power of attorney can also nominate a conservator or guardian, and the court follows the most recent nomination except for good cause or disqualification.
Good faith until notice. The principal's death does not end the agency for an attorney in fact or other person who acts in good faith without actual knowledge of it. Nor does a revocation, for those who act or rely in good faith without actual knowledge of it; a third party is not treated as knowing unless the revocation is in a writing signed by the principal or a personal representative and actually received or, for real estate, recorded.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt survives incapacity automatically | What the law actually doesDurable when it carries the section's words or similar ones |
| The assumptionIt expires after a few years | What the law actually doesNo lapse with time unless it states a time of termination |
| The assumptionTelling the agent it is revoked ends it for everyone | What the law actually doesThose who act in good faith without actual knowledge of a revocation are protected |
How a Massachusetts power of attorney is signed and witnessed, health care proxies, and an attorney in fact's duties are not set out in these sections and are not on this page. Drafting, limiting or revoking one is a matter for a licensed Massachusetts attorney.
Sources for this section (4)
- G.L. c. 190B, § 5-501 — Durable power of attorney: definition
- G.L. c. 190B, § 5-502 — Durable power of attorney not affected by lapse of time, disability or incapacity
- G.L. c. 190B, § 5-504 — Power of attorney not revoked until notice
- G.L. c. 190B, § 5-503 — Relation of attorney in fact to court-appointed fiduciary
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.