Legal Question in Elder Law in Massachusetts

Re: controling parents finances.

You could get a Power of Attorney, or seek a Conservatorship over her involuntarily. You do not take on her tax or other legal liabilities in doing so, but she and her estate remain liable, and people could still sue and collect her debts from her assets. Be very careful about attorney referral fees, they are highly regulated. You need to get proper legal advice on doing these things. Feel free to contact me if interested in doing so.

Re: controling parents finances.

There are several levels of issues going on here -- legal, financial, medical, social services -- for both of your parents. Since your parents are here, Massachusetts -- not California -- has jurisdiction. (By the way, we use different terminology in MA than you do in CA. Here, a "conservatorship" refers to control only over assets. A "guardianship" usually means control over medical issues alone or over both medical and financial matters.)

Assuming that your mother is competent, she could execute a power of attorney, transfer her accounts into your control and name you as the representative payee for Social Security or pensions. If your mother is unwilling to sign a power of attorney, you could file for conservatorship over her assets on the grounds of "mental weakness." If your mother is not willing to release a medical certificate, you would have to get a court order to have her evaluated. Most judges would want to see you at any hearing.

I am also concerned about your father's well-being here. Given the facts that you described, there is a meaningful risk that he might be deemed an "elder at risk" by a protective services agency. Some of our protective services offices are much better than others in how they treat family members. If there aren't case management services in place already, an experienced elder law attorney can determine what options may be available based on his income and assets, including programs which may be funded by the Community MassHealth program. If your father has sufficient capacity, I'd want to see him execute a power of attorney as well. Otherwise, a conservatorship or guardianship may be necessary to protect his interests.

This is a difficult situation for you and your family. I'd be pleased to speak with you further, and can provide referrals to experienced elder law attorneys if your parents are not in the greater Boston area, Metrowest, or eastern Worcester county.

Re: controling parents finances.

You can get a Durable Power of Attorney with immediate effect if your mother is competent. Otherwise you should Petition for Conservatorship over her finances as well as your father's.

If your father is competent he can give you a Power of Attorney to handle his affairs as well.

The referral fees need to be reviewed as the cannons require specific disclosures.

You will not incur any personal liabilty for your parents debts by becoming their Attorney in fact as long as you disclose your agency and act at all times in that capacity.

I would be happy to talk to you without obligation.