Legal Question in Elder Law in Massachusetts

Should my 82 year old uncle have his two nieces and one nephew (me) listed as Durable Power of Attorney's as a lawyer recommends, despite my uncles statement that he wanted his nephew listed as DPOA, saying "one is enough" (statement not personally heard by the lawyer, but the message was delivered by the nephew)?

Background history:

Nephew has been taking part time care of uncle - including finances, delivering food, picking up house, etc. for last two years.

Uncle has total trust in nephew. Nephew has been trustworthy.

Two nieces & two nephews (one nephew out of state) listed in will as equal shares.

Uncle has stated he wanted leave care giving nephew disproportionate share of estate, nephew convinced uncle not to change will & to leave well enough alone"

Since 2001, by uncles choice and for reasons known to him, he wanted the nieces to "stay out of his life".

This last month nieces have re-entered his life (& so far he is ok with it) ever since he entered hospital and nursing home on April 3, 2013.

Lawyer was recommended by the most estranged niece, who in past has asked uncle for financial help.

Uncle has somewhat substantial estate.

When Lawyer's office was notified that uncle just wanted nephew as DPOA, the nephew was told, "the Lawyer would be mad to hear that and when the Lawyer meets with Uncle , the Lawyer will try to convince uncle to have the two local nieces and local nephew as DPOA's.

I want what is best for uncle and am concerned that Lawyer may be influenced by niece(s), or Lawyer does not one person to have attorney privileges.

Is this common practice to have multiple DPOA's, and to try & convince a client to change his mind?


Asked on 4/25/13, 9:12 pm

2 Answers from Attorneys
Russell Haddleton Haddleton & Associates, P.C.

Except in very unusual circumstances it is not desirable to have multiple agents under durable powers of attorney.. Among other things, there is the problem if locating two or more agents if multiple signatures are required.

The advice offered by the lawyer is strange. It might be subject to question because the lawyer was recommended by the most estranged niece, who in the past has asked for financial help.

Unless there is some good reason for doing so, and there is no good reason apparent on these facts, there is no cause for the lawyer to disregard the client's wishes and attempt to convince him to do something else.

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Answered on 4/26/13, 6:14 am

Rarely, does a DPOA have more than one person acting as the Attorney in Fact and almost never more than 2. You can have alternate persons named if one is unable to act or unavailable, but as a rule it is usually only one.

I do not understand the need for multiple DPOA's. If the attorney and niece are concerned that the Nephew will take advantage of the situation, he can put in restrictions on the authority such as making gifts or altering the estate plan.

There is no reason as I see it for multiple attorneys-in-fact to be appointed based on the information provided.

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Answered on 4/26/13, 8:09 am


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