Legal Question in Wills and Trusts in Massachusetts
Durable Power of Attorney - Florida
My husband is co-Power of Attorney along with his sister, of his parent's estate. This change was made this past January at his sister's suggestion, replacing an existing POA. She is in Florida where the parents live and is ''very involved'' in the day to day of his parent's affairs. There is evidence of ''investments of about $38,000 made to her company from their accounts. Now she wants to make more changes. Her name is on the checking account and the address on the account is hers. No the ''financial advisor and she'' want to make changes to their portfolio. My concern is she seems to be making decisions and moving ahead without consulting my husband and without full disclosure of what is going on. As co-POA should any such changes move forward with his agreement? An existing Last Will was created by my FIL naming my husband and his siter POA in the event he become incompetent. She made the recent change claiming my FIL incompetent due to early alzheimers, which we question. My husband is reluctant to confront his sister because we are in MA not FL. and that somehow he doesn't have the right to question her motives. I think he should be included on financial and other significant activities. Am I wrong?
2 Answers from Attorneys
Re: Durable Power of Attorney - Florida
First, are they really co-POA's? If that is the case, then he should be consulted and kept informed. The sending of statements to his sisters address is not so concerning as long as copies are sent to your husband. He should be consulted in making decisions but since the sister is there and he is not a certain amount of deference should be given to the sister. As Co-POA he has an obligation to exercise his authority and to make sure things are being done properly. More importantly with respect to investments is the sister sophisticated enough to know if she is being directed properly and does your husband have equal or better financial skills. More importantly whose financial advisor is this person, the parents, the sisters or someone the sister found. There are good people in FL and some very bad people in FL. Your husband should satisfy himself that this person is good and has integrity.
However, if he is only the successor DPOA then they need not consult him.
Re: Durable Power of Attorney - Florida
Because your father is a Florida resident, your questions will be governed by Florida law. You should redirect your query on this website to Florida attorneys.
You could also meet with an elder law attorney here who is licensed in both Massachusetts and Florida. Go to www.naela.com to search for a qualified attorney. If the website doesn't help, you can call to NAELA headquarters and ask them to help you find an elder law attorney based in Massachusetts but also licensed in Florida. They are very nice at headquarters.
It is worth the money for you to sit down for an hour or two with an attorney to at least understand what your father's rights are and to explore whether or not your sister-in-law is overstepping her boundaries with him.
Good luck.
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