Legal Question in Elder Law in Massachusetts

Mother

My Mother has alzheimers and she lives in an assisted living with an alzheimers unit. My brother is her power of attorney presently and with his permission I would like to be added as having joint Power of Attorney, my mother is not capable at this time to agree. Can I be a joint Power of Attorney as long as My brother agrees and is it an easy thing to accomplish?


Asked on 3/13/07, 12:30 pm

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Re: Mother

You need to review the document carefully to see if there is language which allows you to be added on as the co-attorney-in-fact. If there is not, and if your mother is incapacitated, then I would file a Petition to Amend the POA under G.L. c. 201B at the Probate Court. You can also amend other elements of the POA at the same time -- and I've seen enough badly-drafted POAs to recommend that the document be carefully reviewed by an experienced elder law attorney, so that the attorney can draft substitute language that addresses your mother's situation as needed.

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Answered on 3/13/07, 1:11 pm


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