The Massachusetts Real Estate Power of Attorney form is a legally binding document used to designate another individual, known as an agent, to manage your (the Principal’s) real estate transactions.
It might be necessary for several reasons – perhaps you’re frequently away for business, physically unable to manage the transactions, or you simply want someone else to handle the details.
This is the start of the agreement where the person giving the power (the Principal) is introduced along with the recipient of the power (the Agent).
This is you, the person granting the power of attorney. It is important to include your full legal name to prevent any confusion or disputes.
For example, if your name is John Doe, you would write “John Doe” in this space.
This is your current mailing address. This should be a location where you reliably receive mail, as it may be used for official communications related to the power of attorney.
An example address could be “123 Main Street, Springfield, MA 01103”.
This is the person to whom you’re granting power of attorney. This individual will act on your behalf in real estate matters, as specified in this document. Be sure to provide their full legal name to ensure the right person is identified.
For instance, if your agent’s name is Jane Smith, you would write “Jane Smith” in this space.
This is the mailing address of the Agent. The address should be current and reliable as they might receive official documents related to this power of attorney.
An example address would be “456 Oak Street, Boston, MA 02116”.
This part refers to an alternate agent who will step in if the first agent cannot fulfill their duties.
If you don’t want to appoint a second agent, choose “No other individual”. But, if you want to have a backup plan, select “Another Agent” and provide their full legal name and mailing address.
For example, if your second agent’s name is Robert Johnson and he lives at “789 Pine Avenue, Cambridge, MA 02139”, you’d enter that information in the appropriate spaces.
Here, you specify whether the power of attorney pertains to a single property or multiple properties.
If you’re granting power over one specific property, select “A Single-Property” and provide the property address.
If the power of attorney covers all properties you partially or wholly own, select “Multiple Properties”. This could be the case if you own several investment properties and you want your agent to manage all of them.
For example, if the property is located at “1012 Maple Street, Worcester, MA 01607”, you’d enter that address.
This section outlines the specific powers you are granting to your agent. You might grant all powers, or only specific ones, depending on your circumstances and needs.
For each type of power, you’ll provide your initial and tick the box next to it. The options include Selling, Purchasing, Management, and Financing.
For instance, if you want your agent to manage your property (including making repairs, approving subcontractors, and dealing with tenants), you’d initial and tick the box next to “Management”.
Here, you define when the power of attorney begins and ends.
You can select an end date, which is a specific date you set in advance. If you want it to end upon your incapacitation (non-durable), you select that option.
The last option allows the power of attorney to continue until your death or until you revoke it.
In this section, you decide if the power of attorney will still be valid if you become incapacitated.
If you want the power of attorney to end if you become incapacitated, select “NOT be Valid”. If you want it to continue even in case of your incapacitation, select “Remain Valid”.
This is an important decision, as it affects who can make decisions for you if you are unable to do so. Consider the trustworthiness and reliability of your agent when making this decision.
This section requires the Principal’s signature to finalize the document. Additionally, it outlines how the signing should be witnessed to make the power of attorney legally valid.
If your state law requires the presence of a notary public during the signing of the Power of Attorney, initial and check this box.
The notary public is a neutral third-party authorized by the state to oversee and authenticate legal document signings, including Power of Attorney.
If your state law requires only one witness, select this box and initial it. This person will observe your signing, verifying your identity, and ensuring you’re signing willingly and under no duress.
Some states may require two witnesses to observe the signing of the document. If this is the case, initial and check this box. Both of these witnesses affirm that you are signing this Power of Attorney willingly and freely.
You, as the Principal, will sign your name, print it for clarity, and write the date you’re signing the document.
This part is for the notary public to complete. They will fill in the state and county where the signing took place, the date, and verify that you, the Principal, have appeared before them and proven your identity.
They will sign, print their name, and provide the date their commission expires.
This section is for witnesses.
They affirm that they have observed the signing of the document and that you, the Principal, executed the Power of Attorney willingly, and were of sound mind, and under no constraint or undue influence at the time of signing.
Each witness must be at least eighteen (18) years old.
The witnesses will provide their signatures, print their names, give their mailing addresses and phone numbers.
These details are important for potential future reference or if there are any legal challenges to the Power of Attorney.
For example, if one of your witnesses is named Linda Evans and lives at “123 Broadway, Somerville, MA 02145”, she will fill in those details in the provided space. She’ll also provide her phone number, say “617-555-0123”, for further contact if needed.
In conclusion, this document serves a dual purpose: it enables you to hand over your real estate dealings to a trustworthy individual, while also providing clear boundaries for the agent’s power.
Given its legal weight, it’s recommended that you consult with a legal professional before finalizing it.