Legal Question in Elder Law in Massachusetts

My 90 yr old father is being controlled and isolated from family by his 84 yr old live in girlfriend. We can't speak with him or be alone without her supervision. She mentally abuses him by continuous brainwashing and poisoning him against his family. We had a loving relationship before she became a full time presence in his life. We have a Durable POA and Health Proxy executed in 2003.We have protected the majority of the money and property. She's working on Dad to get us to release large sums of money back to him ..that he has no need for at this time. Our question is: We want Dad to live with us and not with this woman because he is suffering mental abuse from her and we suspect physical abuse as well. Can we take him without his consent to live with us by using the durable POA and Health Proxy in the state of Massachusetts?


Asked on 8/01/09, 5:43 pm

2 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

If one gives another a durable powervof attorney while being fully lgally competent, It does not provide the legal tools needed in this situation. It is not designed to. If your father is still legally competent, the law will respect his life choices even if his choice of place to live and choice of live in partner(s) displeases his family. This is still a democracy.

There are legal agencies and remedies to prevent and correct all kinds of elder abuse. Please vigorously explore these. If your fathers assets are at risk, the courts can assist by appointing a legal custodion over these assets. If you Dad's person is at risk, the Courts came appoint a legal guardian who answers directly to the court on the state of well being of your Loved one.

In any event, do proactively see that your father is fully protected from every harm.

This Office is dedicated to preventing al forms of elder abuse. Initial phone consultations in these matters are always free. Good Luck!

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Answered on 8/07/09, 9:46 am
Harry Margolis Margolis & Bloom, LLP

In addition to seeking legal guardianship over your father, you could also contact Elder Protective Services to do an investigation. Call or search on line for the Excecutive Office of Elder Affairs. I'd recommend that you consult with a local elder law attorney to evaluate all of your options. You can find one at www.elderlawanswers.com.

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Answered on 8/07/09, 9:54 am


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