Legal Question in Elder Law in Massachusetts
durable power of attorney
I have durable power of attorney and a cousin has it in the event that I am no longer able to do this. She thinks we have it together and if I don't make a call about something she can....I don't think this is true.
1 Answer from Attorneys
Re: durable power of attorney
Assuming the DPOA is written properly she can only act if you are unable to act or refuse to act as required under the DPOA. It does not mean you are not in town for a week or that you decided not to do something. Only in an emergency situation would she be entitled to act for the principal if you were not reachable and that may be debatable under the language of the usual DPOA.
A DPOA is not like a health proxy, if you can't reach the first person you can call the second.
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