Legal Question in Wills and Trusts in Massachusetts

Substituting an on-line form for the advice and counsel of an attorney is a terrible idea. There is no way to know if that form you found satisfies Massachusetts law, and there is certainly no way to know that you will execute it properly. Furthermore, even if the form is perfect, it is a good idea to speak to someone about the powers being conveyed and what they mean. Powers of attorney documents are incredibly powerful. Done correctly, they may give the attorney-in-fact dangerous powers. Done incorrectly, you will need to pay an attorney many times the cost of the power of attorney to file for guardianship or conservatorship in the event the principal loses capacity.

To answer your question (without seeing the form you are looking at, this answer cannot be relied on), you are probably being asked to have the principal's signature witnessed, as well as attested to by a notary.

Online forms are generally inadequate to do a specific job. For instance is the form a Durable Power of Attorney (DPOA) or a regular Power of Attorney, Is the Durable Power of Attorney with immediate effect or does it require the principal to be incapicitated.

A power of attorney requires two witnesses and a notary in Massachusetts. Some states have other specific requirements in their forms.

A DPOA is not a complex document, but you need to make sure it covers all the issues the principal and the attorney need to have taken care of. Not all forms will serve your purpose.

I strongly suggest you contact an attorney. I have had to fix more problems than I care to count to correct problems created by actions taken under a DPOA which was not properly drafted.

To answer your question, "Witness Attestation" means that a witness is "attesting," or confirming, to whatever is written just above his or her signature. As for what is to be signed and by whom, I couldn't tell you. I also can't tell you if what is in the Attestation Clause is sufficient for a Massachusetts Power of Attorney. I also can't tell you if there are enough clauses for the required number of witnesses.

The only way to ensure that a power of attorney is properly executed and will accomplish what you want to (and to fully understand what it does NOT accomplish) is to consult an attorney. Most attorneys will do a simple POA for a very small flat fee, which may be double, triple, or even more what you paid online. But the cost you will save by not having a court battle over a poorly drafted and improperly executed form will be far greater.