Legal Question in Elder Law in Massachusetts

durable power of attourney

My Nana lives in the Metro-Boston area, and is showing signs, along with having a diagnosis, of early dementia. My mother has DPOA and wants to put her in assisted living, but has pressure from the family to let my Nana stay living alone, which is clearly no longer appropriate. My Nana does not know of my mother's wishes. It is my suspicion, based on numerous stories, that my Nana emotionally abused my mother and her brother and sister. I would like to help because my mother is having a hard time dealing with this and often procrastinates with this problem. #1 How and when does the DPOA go into effect? Do we need her deemed ''unable to make her own decisions'' by a pschiatrist and/or cognitive eval? #2 What is the difference between a DPOA and ''guardianship''? Do we need guardianship to place her in a facility if she disagrees with us? #3 My mother, as mentioned, has the DPOA. Can she make these decisions even if her brother and sister disagree?


Asked on 4/04/04, 6:29 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: durable power of attourney

The validity and use of the durable power of attorney (DPOA) would depend on the terms of the document itself. A DPOA written in Oregon is immediately valid, although powers of attorney for other states may require that the maker be found incompetent in some way or another. You would have to look to the terms of the DPOA to determine what it specifically requres.

A "Guadianship" is a court supervised process whereby someone is appointed to make personal (and in some states) financial decisions for another person. The guardian has the right to decide where a person lives, what doctors they see, etc.

Although some DPOA documents give the agent the right to make housing type decisions for the person, if the person doesn't want to move, the holder of the DPOA cannot make them do it.

If your grandmother refuses to move, it will require a guardianship to have the right to force her to move to a facility.

Your mother will need to consult with an attoney in the Metro-Boston area for assistance in dealing with these issues.

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Answered on 4/05/04, 6:44 pm


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