Power of Attorney Acceptance and Refusal Rules in Massachusetts

At a glance

Requirements one by one

Scope and response

The enforcement rule concerns a valid durable power, a written designation that contains words making the agent's authority exercisable despite later disability or incapacity (§ 5-501 of ch. 190B). It authorizes the agent to bring a damages action on the principal's behalf if a third party unreasonably refuses to honor that authority (§ 5-506). The provision does not prescribe a number of days for an initial or later response or a written-rejection notice.

Affidavit and court consequence

For acts taken in good-faith reliance, an agent's affidavit saying the agent lacked actual knowledge of revocation or of the principal's death, disability or incapacity at the time of exercise is conclusive proof of nonrevocation or nontermination at that time. The affidavit may also be recorded if authenticated and the agent's act calls for a recordable instrument (§ 5-505).

Section 5-506 provides a damages action for unreasonable refusal of a valid durable power. It does not specify an attorney-fee award or an order compelling acceptance.

What trips people up

The good-faith reliance protection works in the other direction: a third party acting in good faith reliance on a durable power is not liable for action taken in that reliance (§ 5-507). For revocation, a person other than the agent generally lacks actual knowledge until receiving the principal's or personal representative's written revocation, or until it is recorded for a real-estate transaction (§ 5-504(c)).

Common questions

Can an agent sue in the agent's own right for refusal? Section 5-506 authorizes the attorney in fact to bring the damages action on the principal's behalf.

Does the affidavit override an expiration date in the power? No. Section 5-505 says its rule does not affect a provision terminating the power by expiration of time or another specified event apart from express revocation or changed capacity.

Statutes and sources

The quoted General Laws provisions below were accessed October 4, 2026 from the General Court's current pages.

Mass. Gen. Laws ch. 190B, § 5-501. “(a) A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ''This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,'' or ''This power of attorney shall become effective upon the disability or incapacity of the principal,'' or similar words showing the intent 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.” Official statute (accessed October 4, 2026).

Mass. Gen. Laws ch. 190B, § 5-504. “(c) No revocation by a principal under a written power of attorney, durable or otherwise, shall revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the revocation, acts in good faith under the power or relies in good faith on acts under the power. Any action so taken or relied upon, unless otherwise invalid or unenforceable, binds the principal and successors in interest of the principal. As to a person other than the attorney in fact, such person shall not be deemed to have actual knowledge unless the revocation is in a writing executed by the principal or a duly appointed personal representative of the principal and is actually received by such person or, in the case of transactions involving real estate or any interest therein, is recorded in due course as provided in section 25 of chapter 184.” Official statute (accessed October 4, 2026).

Mass. Gen. Laws ch. 190B, § 5-505. “As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability, or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section shall not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.” Official statute (accessed October 4, 2026).

Mass. Gen. Laws ch. 190B, § 5-506. “The attorney in fact under a durable power of attorney is authorized to prosecute legal action for damages in behalf of the principal in the event of an unreasonable refusal of a third party to honor the authority of a valid durable power of attorney.” Official statute (accessed October 4, 2026).

Mass. Gen. Laws ch. 190B, § 5-507. “No third party acting in good faith reliance on a durable power of attorney shall be held liable for action taken in such reliance.” Official statute (accessed October 4, 2026).