Legal Question in Elder Law in Massachusetts

power of attorney fraud

My 90 yr old aunt signed a medical power of attorney for a care giver friend 3 years ago without telling us. In reality, there was 2 documents, not 2 copies. 2nd doc was a FINANCIAL power of attorney. My aunt denies this as she is protective of her money. She is now getting demented and needs more care. Only recently, we realized someone was living in my aunt's home and confronted the caregiver. The caregiver only now after 3 years admitted F POA. We also fear there is a will. A lawyer has told us to apply for guardianship.

My questions are:

1) will guardianship cancel the durable financial poa? If not, then won't applying for guardianship only lock durable f. poa as permenent?

2) My aunt has no will but thinks all relatives are to inherit her legacy. Before we do a guardianship, should we have my aunt sign a new Will splitting assets between all heirs (Even caregiver friend) just incase when my aunt dies the caregiver pulls out a missing will giving her 100% of the assets? Aunt is sometimes lucid but is gullable and hasn't been declared legally mentally incapable yet. will maybe contestable but so will caregiver's

3) Can we get caregiver to admit existence of a Will?

Thanks.

Dan


Asked on 3/03/03, 10:10 am

1 Answer from Attorneys
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: power of attorney fraud

First, who are "we"? The "we" that were so close and attentive to the aunt that we did not know the caregiver was living with the aunt? The "we" that knew the aunt had signs of Alzheimer's but did not have the time to help her out with her bill-paying and other financial and day-to-day chores. And the "we" who loved the fact that auntie had a "caregiver", but only until there was something that told "we" that the caregiver was perhaps helping herself to what "we" were expecting to get?

If your aunt wants one or more of "we" to be guardian(s), she can do so without being found incompetent. Whether she was competent when she executed the POA is another matter. If a guardian of the person and property is appointed, it will supercede the POA. It will not affect any will.

It may be that the caregiver had an "undue influence" over your aunt, which "we" evidently will not be able to prove from personal observation, so the aunt would have to testify to that effect, which does not sound like something she wants to do.

I recommend that you ask your aunt to consult an attorney familiar with problems of the elderly and discuss these issues. None of you, including the caretaker, should be part of this meeting. The aunt should agree to let the lawyer at least address your concerns with "we" after the consultation to the extent of, "she knows and wants what she has done and is doing" or "she may be making some changes in what she has done."

Read more
Answered on 3/04/03, 11:27 am


Related Questions & Answers

More Elder Law questions and answers in Massachusetts