Legal Question in Elder Law in Massachusetts

Re: durable power of attorney

A person granted power of attorney to act on behalf of another is not statutorily entitled to compensation. POA is a permission granted by one person to another. If there is an independent professional relationship or contract, compensation can be sought.

Re: durable power of attorney

Generally speaking, the answer is no unless the document specifically authorizes payment. There is a significant risk to the POA that the payment could be challenged as improper self-dealing. Further, if the maker of the document needs skilled nursing care, MassHealth can and will challenge the payment as a disqualifying gift. However, the POA is entitled to reimbursement for documented expenses, including mileage, postage, etc.

Please feel free to contact my office if you need further assistance.