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18-Jun-2008 7:40 AM -- cherylb

My Dad who is 78 has been advised to get a durable power of attorney. I will be his agent.

Can do this myself...i.e. download a form specific to MA from a website and have it witnessed and signed by a notary? Does it have to be recorded in the state of Massachusetts?

Last Edited on 18-Jun-2008 7:41 AM

18-Jun-2008 7:52 AM -- The Editor

Yes, you can do it yourself. Make sure you have a form for a durable power (one that survives your dad's incompetence) and get it notarized. You do not need to record it. To be safe, try finding a form that is specific to MA. Look at the MA trial court library (very helpful librarians) if you cannot find one on line.

18-Jun-2008 8:16 AM -- cherylb

Thanks for the information...

19-Jun-2008 4:51 AM -- Atty. Pete Bernardin

I agree with the Editor - but I would also add that in my experience it is very rare that a 78 year old client is only lacking a Power of Attorney. Please make sure that your dad also has a Will or trust, a Health Care Proxy, maybe a Living Will, Burial Instructions (etc). With a quick 20 minute meeting a qualified estate planning attorney can help you understand what might be needed.

Good luck. Your dad is lucky to have such an attentive family.


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