Who can be a witness on a durable power of attorney

Asked over 3 years ago - Natick, MA

can a relative or someone related by marriage be a witness when signing a power of attorney

Attorney answers (2)

  1. E. Alexandra Golden

    Contributor Level 19


    Lawyer agrees


    Answered . Massachusetts law only requires a power of attorney to be notarized, with no need for an additional witness. There are times where having unrelated witnesses in addition to a notary may be a good idea, such as where there may be a question of capacity. In any case, I'd stay clear of having a relative as either a notary or a witness.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . Generally, it is never a good idea to use related parties, especially those who stand to inherit under the estate plan, as witnesses. There probably is less of a problem with using such witnesses for a POA, but prudence would dictate not using them. Finally, your state of MA may have specific prohibitions but since I am not an MA lawyer, no legal opinion can be offered on this. You should consult with an MA estate planning attorney to be sure.

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