Legal Question in Elder Law in Massachusetts

elder law and person not related by blood

Is a person who is related by marraige allowed to become a power of attorney, or other to take over estate and everything else? I am blood and the daughter in law took over everything and is in the process of closing on the house that is my aunts. How do i go about getting back the house and assets? The daughter in law states that she ''sold'' all of the personal effects in the house. PLease help this is very important.


Asked on 3/28/06, 11:30 pm

2 Answers from Attorneys

Re: elder law and person not related by blood

MA Law allows anyone to be appointed under a Power of Attorney (POA). That person does owes a fiduciary duty to the person for whom they are acting to act responsibly and reasonably.

The person granting the POA has the right to withdraw the power, assuming they are competent. If POA is what is a called a Durable Power of Attorney, then you would have to challenge her actions in court and seek a Conservator to be appointed.

More information is really needed to be more precise. If you believe the daughter-in-law is doing something wrong such as selling property and using the proceeds for her own benefit, then I suggest you contact an attorney ASAP.

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Answered on 3/29/06, 7:55 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: elder law and person not related by blood

I am assuming that your Aunt is still living because if she is not, the POA ended upon her death and the daughter-in-law would have no authority to transfer/sell anything.

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Answered on 3/29/06, 11:17 am


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