Legal Question in Elder Law in Massachusetts

My husband and I have current wills and own all property jointly with right of survivorship. Now I read that we also need durable power-of-attorney forms executed. Do we need them?


Asked on 5/29/10, 11:23 am

1 Answer from Attorneys

Yes. A durable power of attorney allows one of you to handle the financial affairs of the other if one of you becomes incapacitated. If you do not have a durable power of attorney (DPOA), you will have to go the expense of obtaining a court order to sell property jointly held by the both of you.

The cost of having a DPOA drafted is not expensive and it should be done by an attorney so that you know that each of you knows it is properly drafted and you have all the necessary authority to act properly.

Please feel free to contact me if you have more questions.

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Answered on 5/29/10, 3:51 pm


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