Legal Question in Family Law in Massachusetts

POA v.GUARDIANSHIP

i have POA of my 100% mentally disabled mother who resides in a resthome. A sibling, who lives out of state, wants to take her for a few weeks to visit them. However, her mental well being is at risk and i dont believe it to be in her best interest. Do i have the right to prevent the sibling from simply taking her there for a visit..or do i need legal guardianship also to make this forbidden?


Asked on 7/06/08, 4:00 am

3 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: POA v.GUARDIANSHIP

If your other has not been adjudicated as needing your control over all aspects of her life, she (your mother) may decide where to travel. If you and your mother's physicians believe that more is needed, you must seek a guardianship.

You will need your mother's physicians' support. Their beliefs will be critical.

I would be happy to consult further.

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Answered on 7/06/08, 8:09 am
Joseph Murray Joseph M. Murray, Esq.

Re: POA v.GUARDIANSHIP

First, I am sorry your Mother is 100% mentally disabled.

A power of attorney will allow you to sign contracts for her. But to make decisions regarding her welfare you should petition the court to get appointed her legal gurdian which will require affidavits from two doctors.

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Answered on 7/06/08, 11:33 am

Re: POA v.GUARDIANSHIP

I am sorry your mother is not well.

I would suggest to have complete control of your mother's life you would need a guardianship. If your mother is now incapacitated then you need to have a guardianship so you can make all medical decisions as well, including her rights to travel.

Good Luck.

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Answered on 7/06/08, 2:23 pm


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