Legal Question in Elder Law in Massachusetts

Re: gaurdianship of elderly parent

A Power of Attorney is a designation made by a person, when she is competent, that authorizes another to act in her stead. A guardianship is an appointment made by a court to authorize another to act for someone who is no longer competent to make her own decisions.

You would need to have your POA reviewed to see if it emcompasses the authority you need or whether you would require a guardianship.

I would be happy to assist you. We have an office in Raynham.

Re: gaurdianship of elderly parent

A Power of Attorney, even a Durable Power of Attorney, does not have the broad powers of a Guardian. A Guardian essentially has the power to act as a parent for a minor child for the person whom they are appointed as Guardian for by the court.

A DPOA or POA has the power to handle specific acts on behalf of a person and does not require a court order.