Legal Question in Elder Law in Massachusetts

question of competence

my father (85) recently had a massive stroke and is now residing in a long term care facility in MA. His left side is mostly paralyzed and he can't swallow properly. 6 mos. after the stroke he is lifted out of bed by a hoist. he is also delusional and has halucinations. his prognosis for enough recovery to ever leave the facility is poor. the problems: he & my mother co-own their property. though mass health will allow him to sign over his half of the estate to my mother he refuses to do so. what does that mean to the estate if he should die without a will? what does it mean if my mother prefers to sell (it's far too much for her to cope with & she might like to get something smaller or a condo)?what happens to the estate if she should pass away? it's my understanding that mass health would have claims in those situations. since my father is having problems thinking clearly & refuses to do *anything* is there some way we can have him declared unable to handle his affairs & move the property to my mother? his health care workers at his facility are aware of his delusional problems.


Asked on 9/12/06, 4:59 am

2 Answers from Attorneys

Re: question of competence

You can petition the Probate Court to have a guardian/conservator appointed for your father and his estate if and while he is incompetent. That guardian can conduct financial transactions that are in his best interests. Feel free to contact me if you have more specific questions. 978.250.4255

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Answered on 9/12/06, 8:12 am

Re: question of competence

I assume your father does not have a durable power of attorney. You can petition probate court for the appointment of a conservator and guardian.

Assuming your father predeceases your mother and the condo has not been sold, it will pass to your mother.

There are a lot of medicaid and other issues that need to be dealt with in selling the real estate to protect your mother's interest.

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

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Answered on 9/12/06, 9:49 am


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