Power of Attorney

power of attorney

A Durable Power of Attorney is a written instrument by which a Principal designates another his attorney in fact. The writing must contain words of clear intent on behalf of the Principal that the authority conferred shall be exercisable notwithstanding the Principal's subsequent disability or incapacity, and unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument. Mass. Gen. Laws., Ch. 190B, §5-501.

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the Principal shall have the same effect and insure to the benefit of and bind the principal and his successors in interest as if the Principal were competent and not disabled. Mass. Gen. Laws., Ch. 190B, §5-502.

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