Legal Question in Elder Law in Massachusetts

Not yet legally declared incompetent

My mother has been in a rest home for four years and has done well there,

although some mental health issues has stretched the limits of its staff. Anyone

who works with her would tell you that she is not competent to make decisions

for herself because of her mental health issues and some dementia, but there

has been no need to make this legal, since she's been fine where she is. The

issue is that this rest home is closing. I have been advised to get power of

attorney or guardianship, but I am totally unclear on what the consequences of

not doing so would be OR what the difference is between the two. I live

overseas and am concerned about liability with guardianship. What would be

the least expensive way of getting legal power of attorney or guardianship? Can I

do this from abroad? Thanks in advance for any advice you could give.


Asked on 6/15/06, 5:06 pm

1 Answer from Attorneys

Re: Not yet legally declared incompetent

A Power of Attorney would allow you to make decisions as to her finances and limited health issues. It is a document that can be easily prepared and as long as your mother is competent to sign the document at the time she signs it.

Guardianship is the a Court approved process whereby you become responsible for your mother's well being and have/can make all decisions for her.

Conservatorship is where you become the person responsible for taking care of her money and making application for medicare etc. A Guardian can also have conservatorship authority.

If your mother is not incompetent but needs help making certain decisions or filing paper, a Power of Attorney may be sufficient. Even if she has periods when she cannot understand, as long as at the time she signs a POA she understood what she was doing it is not an issue.

However, you indicate dimensia is present and that presents a more serious issue depending upon what her doctors say is her ability to understand what she is doing.

For appointment of a Guardian or Conservator, you would need to attend a Court Hearing.

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Answered on 6/15/06, 5:37 pm


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