Massachusetts General Laws ch. 190B sec. 5-502 – Durable power of attorney not affected by lapse of time, disability or incapacity
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Section 5–502. [Durable Power of Attorney Not Affected By Lapse of Time, Disability or Incapacity.]
Terms Used In Massachusetts General Laws ch. 190B sec. 5-502
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
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 have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.