Massachusetts | Legal Ethics
Legal Question
Ethics of family member using their attorney to draw up POA for parent
Husband's mother is 78 and in beginning stages of dementia. No will. Two homes. Cape Cod home in deceased husband's name. Sister lives near mother; we don't (we live in Maryland). Sister and my husband discussed importance of mother signing power of attorney. Husband wanted to serve with sister jointly to provide a balance in making financial decisions. Sister went ahead and used her attorney (family friend) who is mysteriously now the mother's attorney to draw up durable POA paperwork. Is this ethical? I would think this would be a conflict of interest sitation. Further, sister is trying to convince mother to sell one home so they can build a $250,000 additiopn on their home to care for her. When asked what they would do when Mom needs more care (and their MS and heart disease becomes worse), they had no answer. When suggested that consultation with a Medicaid expert be done, then had no answer. Sister now has control of 1.5 million dollar estate. We are going up to MA to talk to the mother to see if she signed the paper of her own free will and was sound of mind. If so, then fine. If not, any advice? And should we file a complaint re the unethical behavior of the attorney...if that is the case? Thanks.
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Read More Answered By: G. Joseph Holthaus III |
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