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Although the Statutory Form is convenient and promotes uniformity, accepted, the notarial affidavit does not need to be recorded with a Registry of Deeds or filed with a Registry District of the Land Court.
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You always want it to be clear from your signature that you are not signing for yourself but are, I hereby agree to hold harmless any third party who acts in reliance on this power for damages or liability incurred as a result of that reliance.
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A Massachusetts durable power of attorney like your will makes up an indispensable part of your estate plan That is why we include a power of attorney form.
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You do not want to wait on creating a power of attorney POA because you never know when you could suffer an unexpected illness or injury If.
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Witness Requirements: The POA document must be signed by the principal and either a notary public or two disinterested witnesses.
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Keep in mind that a person acting as an attorney-in-fact can be personally liable for a principal's debts if the attorney-in-fact has agreed to create that obligation in another legal capacity.
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