Legal Question in Elder Law in Massachusetts
Durable Power of Attorney
My husband is in a dimentia center. I moved and I lost the original Durable POA he signed, took a copy to my bank and tried to move $6000 from my husbands ira into our checking acct to pay for his rent they would not accept my copy. I need to pay his rent. What do I do now without the original.
Asked on 9/10/08, 3:09 pm
2 Answers from Attorneys
Re: Durable Power of Attorney
If the bank will not accept a copy of a Durable POA, you can petition the court to be appointed as his Guardian. A new POA will be invalid if he suffers from dementia.
Answered on 9/10/08, 3:20 pm
Re: Durable Power of Attorney
If the bank will not accept a copy of the DPOA, you can file a Petition to be appointed his guardian and the court will issue an order that will allow you to handle your husband's affairs.
Answered on 9/10/08, 5:51 pm
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