Legal Question in Elder Law in Massachusetts

power of attorney vs consentor

what is the difference between the power of attorney and consentor in the state of ma

2 do ineed anattorney to become either of these for my elderly mother


Asked on 10/16/00, 5:10 pm

1 Answer from Attorneys

Re: power of attorney vs CONSERVATOR

There's no such thing as a consentor. You'll need an attorney to become a conservator for her; there are court appearances involved and it would help to know in advance what needs to be said to the judge to get what you want.

The power of attorney is something she can sign now if she's still in good shape mentally and able to sign. You need it notarized. If it's drafted correctly as a durable power, it will allow you always to sign the documents it lists just as if you were her, but it wouldn't, for example, allow you to move her to a nursing home or a new home. You'd have to go to court for that.

The actions you take on her behalf as her "attorney in fact" (under the power of attorney form) must be strictly in her best interests, never your own, and should generally be the same as those she'd make if she were more able.

How is your mother's mental status now? What changes do you anticipate making for her and when?

Do you anticipate needing to become her conservator?

There are a few types of powers of attorney, durable and non-durable, springing and non-springing. It wouldn't hurt to consult an attorney further and maybe even get the forms from the attorney. (I do that kind of work; you can e-mail me or call me directly if you are in Massachusetts.)

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Answered on 11/14/00, 10:57 am


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