Legal Question in Elder Law in Massachusetts

Power of Attny - Life Estate

My sis-in-law just had the POA for her mom transferred to her from my husband. She revoked his without his knowledge and our guess is by tricking the mom. The mom has dementia. The sis is trying to get the bro to pay for things in the parents house, even though the sis lives their. Mom is in nursing home. What power does the new POA give the SIS There is a life estate on thehome and the home is deeded to both siblings. Can she do anything to the life estate or deed with the new POA? Can she have the bro removed from the deed or change the life estate in any way? Is there anythign we should be concerned about with the change?


Asked on 4/25/08, 12:19 pm

1 Answer from Attorneys

Re: Power of Attny - Life Estate

Without seeing the POA, it is difficult to say what her authority is. However, she has a fiduciary duty to her mother and her estate not to unjustily enrich herself. She could transfer property to her own name, however, she can't revoke the life estate without your husband's consent-- assuming a deed was in actuality recorded.

Under the Power of Attorney, she cannot compel your husband to pay for anything he is not required by a legal agreement to pay for the home.

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Answered on 4/25/08, 3:57 pm


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