Legal Question in Credit and Debt Law in Massachusetts
I was official adopted by my grandparents in 1990. My grandfather is my only remaining guardian, but my aunt B became his power of attorney in 2003.
In 2009, I received a scholarship for college. In order to get it, I needed the household W-2's from my guardian. Since my aunt B was his power of attorney and took care of my grandfathers finances, she gave me the paperwork to go to college.
In 2010, I needed the next years W-2's to keep my scholarship intact. At this time, my aunt B lost her power of attorney of my grandfather and was gained by my aunt Pat. My aunt Pat refused to give me the paperwork I needed.
I went to the school and told them my situation. They told me there was nothing I could do. What I found out years later was that I could've filed for extreme circumstances with the school board to solve this problem, but this wasn't told to me by the school advisor.
So a debt of $20,000 was put in my name for 2 situations out of my control.
1) Who would've been my main guardian: my grandfather or his power of attorney?
2) Can I sue my aunt Pat for the debt since her actions prevented the problem from being solved?
3)Can I sue the school for not giving me the adequate information to try to solve the problem?
1 Answer from Attorneys
1) Neither of the two powers of attorney affected your grandfather's guardian status. He was always your sole guardian. There is no "main" and "secondary guardian. Your grandfather was always free to provide you with the necessary W-2s.
A power of attorney gives someone the right to sign another's name to legal documents. Nothing more and nothing less. Aunt B's opportunity to give you your guardian grandfather's W-2s was strictly unrelated to her having a power of attorney. She had access to the W-2s because she likely signed your grandfather's name to his tax returns, but strictly speaking her access to the W-2s was a function of access to the tax return information and not having a power of attorney.
2) Aunt Pat had the power of attorney to sign your guardian grandfather's name to legal papers such as his tax returns. Her access to the W-2s is separate from having the right to sign a tax return, and separate from having your guardian grandfather's permission to give you his W-2s. He may not have objected, and she could have inferred the right to share the W-2s as Aunt B did, but that's not an obligation to you. Aunt Pat having a power of attorney did not compel her to share the W-2s with you.
3) Yes. Your situation is no different from an uncooperative parent, and the school has policies for that. The ordinary statute of limitations for negligence (breach of a duty of care) in Mass is three years, which has passed. The state where the school is located might have a different rule. The statute of limitations for breach of contract in Mass is six years. You would have to argue that part of the contract between you and the school was that the school would provide you with competent advice. If the $20,000 is from federal student loans, you can also contact the U.S. Dept. of Education ombudsman or have your lawyer research the regulations concerning the school's duties to advise you. You need to see an attorney located in the state where the school is.
This really sucks. I hope you get satisfaction.
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