Legal Question in Elder Law in Massachusetts

power of attorney and executor legal responsibility?

My sister is power of attorney and executor of my mothers will and aloso handles all of her finances, when asked for an accounting record, she refused and since my mother is afraid of her she is pretending that she trusts her completely, when in fact she has stated to me that she doesn't trust her but she is too afraid to speak up to her. It seems to me that since she is not providing financial statements and therefore not being accountable to anyone, she appears to be hiding someting. What legal advice can you give me bearing in mind that my mother will not out of fear of her do anyting to change this situation?


Asked on 6/10/09, 11:48 am

1 Answer from Attorneys

Re: power of attorney and executor legal responsibility?

Your mother has two choices here. She can terminate the DPOA with respect to your sister and demand an Accounting. If she does not do so, she can file a Petition to demand an accounting in Probate Court. Alternative is to just file a Petition for an Accounting in Probate Court.

Your mother, if she terminates your sister's DPOA, will need to appoint someone else assuming she needs this type of assistance. One problem here is that your sister could challenge your mother's competence and seek to retain the DPOA, however she will be made to account for her actions.

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

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Answered on 6/10/09, 1:08 pm


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