Frequently Asked Questions: Estate Planning & Probate

What is a Durable Power of Attorney?

A durable power of attorney (DPOA) is a written document, authorized by M.G.L. c. 201B, whereby a person (the “principal”) designates another individual as his or her attorney-in-fact ( the “agent”) and contains words evidencing the principal’s intent that the powers granted under the document remain in effect notwithstanding the principal’s subsequent disability or incapacity.  The DPOA allows the agent to manage the principal’s property on the principal’s behalf, including, but not limited to, signing checks, entering into contracts, buying and selling real and personal property, depositing and withdrawing funds, running the principal’s business, and most other actions a principal could take on his or her own behalf.