Legal Question in Education Law in Massachusetts

Re: Power of Attorney - Dementia

This is a dicey procedure -- Alzheimer's dementia does not automatically disqualify a person from signing a new power of attorney, but there is a clear risk here for the attorney and the sister.

Who had previously been in contact with the doctors and the facility?

If this cannot be brought to some kind of negotiated resolution, it is time to seek a guardianship of the mother's estate, and possibly her person. If granted, the Court will be in control of the home. Be aware that the court may not see the "feud" as you do. It -will- have qualms about a mid-term change of Attorney-in-Fact -- but may end up deciding taht the change was appropriate.

Re: Power of Attorney - Dementia

A person must be competent to make a power of attorney, but if they make a Durable Power of Attorney, that person can continue to act on their behalf even after the principle becomes incompetent and until a guardian is appointed by a probate court to act for that person's best interest.

Consult an attorney only if your husband held a Durable Power of Attorney and you have reason to believe that two (2) doctors would agree that his mother was, in fact, incompetent to have signed the POA naming his sister, as Alzheimers does not always render a person immediately incompetent to to so.