Free Massachusetts Real Estate Power of Attorney Form Template

A Massachusetts real estate power of attorney form designates an attorney in fact to handle real property for you, including conveying it. Chapter 190B of the General Laws covers durable powers of attorney, and chapter 183 covers acknowledging and recording conveyances.

Two chapters of the General Laws apply.

In Writing

Under chapter 190B, section 5-501, a power of attorney designates the attorney in fact in writing.

Durable Wording

The power is durable only if the writing contains words such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or similar words showing that intent.

Deed Rules Apply to Conveyancing Powers

Chapter 183, section 32 applies the law on acknowledging and recording deeds to letters of attorney for the conveyance of real estate.

No Recording Without Acknowledgment

Under chapter 183, section 29, no deed may be recorded unless a certificate of its acknowledgment, or proof of its due execution, is endorsed on or attached to it.

For conveying real estate, plan on it. Because the deed rules in chapter 183 apply to letters of attorney for conveying real estate, the power needs a certificate of acknowledgment, or proof of due execution, to be recorded.

Chapter 190B itself requires a writing designating the attorney in fact, plus specific wording if you want the power to be durable.

Tip: Have your Massachusetts real estate power of attorney form acknowledged before a notary when you sign it, so it’s ready to record with the deed.

Prepare it for recording:

1. Name yourself as principal and your attorney in fact.
2. Identify the property and the powers you grant.
3. Add the statutory durable wording if you want it.
4. Sign it and acknowledge it before a notary.
5. Record it with the deed when it’s used for a conveyance.
6. Give the signed document to your attorney in fact.

Cover these points:

• Principal’s and attorney in fact’s names
• The property and the powers granted
• Durable wording, if you want it
• Principal’s signature
• A certificate of acknowledgment

Document Genius’s guided form covers each item, so your Massachusetts real estate power of attorney form is ready to sign in minutes.