Legal Question in Elder Law in Massachusetts

Power of Attorney

I have power of attorney for my mother (68 yrs). She has power attorney for her mother (97 yrs). In the case my mother falls ill, I am responsible for her mother (my grandmother). Is it possible for me to get power of attorney over my grandmother. She is not coherent - alzehimers'. Can I do this without going through a lawyer?

Thanks


Asked on 11/15/06, 9:39 am

2 Answers from Attorneys

Re: Power of Attorney

To be able to handle your grandmother's affairs, you will need to be apointed as her guardian based on her incompetency. You should consult with an attorney to accomplish this.

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Answered on 11/15/06, 10:38 am

Re: Power of Attorney

I will assume that the Power of Attorney is a Durable Power of Attorney. If your grandmother's durable power of attorney, states that you are to become the next Attorney in Fact, should your mother is unable or refuses to act as Attorney in Fact, then with an approproate resignation as your Grandmother's attorney you may be able to serve as her Attorney in Fact.

However, if you are not named as the sucessor attorney under the Durable Attorney, then you will have to seek to be appointed your grandmother's guardian and conservator.

I would contact an attorney with all the relevant documents and information.

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Answered on 11/16/06, 12:53 pm


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