Legal Question in Elder Law in Massachusetts

A power of attorney allows you to enter into a contract for your mother's care. It does not allow you to decide where she will live.

It shouldn't be necessary to go "the guardianship route." You may want to retain the services of a geriatric care manager to assist you and your mother with this difficult transition -- far less expensive and intrusive that a legal proceeding.

Attorney Golden is correct. You can enter into a contract for her care. You cannot decide where she lives per se; however if she is not competent and needs special care you can place her in a facility to take care of her.

The power of attorney authorizes you to perform certain acts on behalf of your mother. What you are authorized to do depends upon the specific terms of the power of attorney.

If the power of attorney authorizes you do do so, you may contract for her care at an assisted care facility.

It appears that your concern is that your mother needs to be placed in a locked unit, where she would not be able to leave on her own volition. I discern this because you say that your mother has Alzheimer's - a major problem in dealing with patients who have Alzheimer's is that they wander.

Your power of attorney will not authorize you to take that action, because, among other reasons, your mother may revoke the power of attorney. Further, the assisted living facility will not, for reasons of their own liability, keep your mother in a locked unit based upon your claimed authority under a durable power of attorney.

I believe that you will have to seek court authority, through a guardianship proceeding, to cause your mother to be held in a locked area. If, however, your mother does not require confinement, and you are simply dealing with routine care, your power of attorney will enable you do do this.

Russell E. Haddleton, CELA, CAP

Haddleon & Associates

251 South STreet

P. O. Box 1298

Hyannis, MA 02601

508-771-3132

[email protected]