Legal Question in Elder Law in Massachusetts

Breach of Fiduciary (Power of Attorney)

My question is my brother became POA of my mother when she started with Alzheimers. He changed all her bank accounts to just his and her name. He got 2 of her cars and 2 pieces of land that are next to my house. Now she lives in Mass at and assisting living home. She owned a condo in Fl which is in a live estate with the 3 children. He send us a certified letter stating he was know longer going to pay the condo fees. The unit has no mortage, just the condo fee. My mother has enough money to pay this its only 300.00 per month. He is suppose to try selling it, but this hasn't happen. Now we have received a letter from a lawyer stating that they are going to act on it and charge penaltys and maybe start for closer.

My other brother and I belive he is doing this for his own selfish reasons, so we don't get anything.

He says that our mother wanted it this way. Our mother is very upset about this and we don't know what to do. He says he knows how to keep a paper trail, since he was a manager. Is there any agent that would assist my mother before its to late.


Asked on 10/07/07, 8:29 am

2 Answers from Attorneys
Denise Leydon Harvey Harvey Law Offices

Re: Breach of Fiduciary (Power of Attorney)

I agree with Attorney Roth. You may petition the Probate Court to remove your brother as POA and appoint a GAL for your mother to look out for her interests. I would first recommend that you address this directly with your brother. You and your other brother should request that he meet with you and outline all the transactions he has made. If this is not possible, then you may be forced to go to Court.

More importantly, if you believe that your brother is financially exploiting your mother, you may also contact the local elder services agency and initiate an elder abuse claim. The agency will investigate the situation. The elder services agency serving Wareham is Old Colony Elderly Services, Inc., in Brockton. I recommend that you do this no matter how you decide to deal with your brother.

Please let me know if I can assist you in any way. We have an office in Raynham.

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Answered on 10/09/07, 10:29 am

Re: Breach of Fiduciary (Power of Attorney)

Your brother owes a fiduciary duty to your mother and her estate. If you feel he is breaching that duty, then you need to Petition the probate court for a Guardian ad Litem for her and full accounting of her estate and seek a proper review. A POA who transfers property into his own name is not entitled to keep it and any transfer intended as a gift should be approved by a court.

Please feel free to contact me without obligation. However, this type of action can be expensive.

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Answered on 10/07/07, 10:56 am


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