Legal Question in Elder Law in Massachusetts

Your father may have to challenge the POA in court. If your grandfather was not competent to make the decision to revoke his prior poa and make your aunt his new agent, and your aunt is not willing to step down, he can file a petition to revoke the poa based on your grandfather's incompetence and the possible harm that may come to your grandfather if he is not placed in an appropriate facility. This can be a time-consuming and expensive process and can end up with extreme animosity on both sides.

If possible, your father and his sister should discuss the situation in a way that each can present their views. You should consider involving a geriatric care manager, who may be able to broker a mutually agreeable decision for your father and aunt. These professionals deal with elder issues on a daily basis. They may also be able to provide insight into which placement would be best for your grandfather. I have worked with a number of agencies and would be happy to recommmend several to you. I don't think I can do it in this forum, but if you call or e-mail directly, I can give you some names. The facility where your grandfather is may be able to provide names as well. Based on what you've said here, it sounds like your best bet.

Good luck -

If your Aunt went behind your father's back there is already some animosity that must exist, since she did not discuss this with your Father at all. I agree that you could challenge whether or not the Health Care Proxy (Medical Power of Attorney) is valid based on your Grandfather's capacity or incapacity but it would be a lengthy and expensive process. If both your Aunt and Father are willing, Mediation is also an option - where they come to an agreement regarding who is making decisions and the care of your Grandfather.

What might be a more final solution is for your Father to seek legal Guardianship of your Grandfather. Seeking legal Guardianship will allow your Father to make decisions for your Grandfather without worry as to his authority being challenged (or revoked behind his back). Legal Guardianship would involve your Father Petitioning the Probate Court to determine that your Grandfather is incapable of making his own decisions and managing his activities of daily living and then appointing your Father to make those decisions by Court Order.