Legal Question in Elder Law in Massachusetts

Re: Dpoa

It would seem from your description that it is DPOA for your father but without reading the DPOA's I could not tell you he has one for your mother. If your mother is competent to handle her own affairs and your brother does not have a DPOA with immediate effect, then he is not currently acting as Attorney in Fact for your mother. I am assuming your father and mother have a joint account. If that is the case, then your mother would be able to sign checks as well as your brother.

I hope this has been helpful to you.

Re: Dpoa

Your brother being named poa by your father does not automatically make him poa for your mother. It is possible that your mother also signed a poa naming him, as these documents are often prepared and signed in tandem. As long as your mother is competent, she can act in her own stead, although your brother, if he has a valid poa, may also act for her. You should check with either parent, or your brother, to see what's going on.

I would be hppy to help you with this.