Legal Question in Family Law in Massachusetts

Re: Appeal

Neither the incompetent person nor somone holding a regular power of attoney can file the appeal which requires filing a timely Notice of appeal. The holder of a Durable power of attorney may do so, but should then petition the court for appointment as guardian to handle the incompetent's affairs including prosecution of the appeal. Consider retaining an attorney to assist with this. Good Luck!

Re: Appeal

If some one is incompetent; they are not deemed to be able to act on their behalf. The incompetent persons DPOA Durable Power of Attorney has authority to act for them. If challenged the DPOA can then seek to have a Guardian Appointed to take on the Incompetent Person's affairs including handling a divorce.

I suggest if you are the DPOA to contact an attorney immediately. I am not sure why an incompetent person would want or need a divorce, but if need to discuss the matter please feel free to contact me.

Re: Appeal

An appeal begins with a filing of notice of appeal within the requisite time period. A failure to do so may nullify the ability to appeal, and would require permission of the appeals court to allow permission to file notice of appeal late. As to the POA it depends on what is within it, and other factors.