Legal Question in Elder Law in Massachusetts
durable power of attorney
My parents had papers drawn up as durable poa's for each other, with me, their daughter & only child, as back up. My dad has alzheimers & is in a nursing home. Mom took poa over dad, then made me poa for her. I thought that meant I was poa for my dad. I tried to have poa papers signed & notorized at the nursing home, but was told dad isn't in his right mind so they could not do it. I have to take care of everything but run into problems because I'm told I do not have poa for dad. My lawyer never mentioned having papers done for me to have poa over my dad. What can I do?
Thank you
2 Answers from Attorneys
Re: durable power of attorney
If you were named as the "back-up" attorney-in-fact (AIF) for your father, then you take charge of your father's affairs under that original document only if your mother resigns as his AIF, dies, or is no longer capable of acting as the attorney-in-fact. If your mother is still competent AND willing, see if she'll resign as your father's AIF. She will need to sign such a document before a notary.
If you have not done so, please see a good elder law attorney to review these documents and determine how well drafted they actually are -- unfortunately, I have had to go to get permission to amend some inadequately drafted POAs when they did not explicitly allow for certain things to be done.
Re: durable power of attorney
You may wish to discuss the possibility of being appointed guardian
of your Dad with your lawyer, along with end of life planning for both parents. Good Luck!
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