Legal Question in Wills and Trusts in Massachusetts

Re: Power of Attorney for Brother

You have a problem.

Merely having a POA does prevent the wife's action.

What I would suggest it that you seek a guardianship. If you can show that your brother was not competent to sign the documents, you have an action to vacate the transfers of property.

Should you need assistance, contact me.

Re: Power of Attorney for Brother

You can Petition for Guardianship and conservatorship of your brother and seek to have his prior actions voided by the Court based on a lack of comptetence.

If I can be of service please feel free to contact me.

Re: Power of Attorney for Brother

From your question, it sounds like your brother and his wife are separated but will not divorce. Are the sons your nephews, or are they stepsons to your brother?

Even though your brother may not remember things, a guardianship may not be appropriate. If he intended to give his spouse the interests you mentioned, you would not be in a position to do anything. If he is incompetent, and has been incompetent, that is another question. It is also possible that a conservatorship could be established, if he is willing and or if he lacks capacity to run his finances but not his other personal decisions.

Generally, even though you have power of attorney, unless your brother is incompetent, he can make decisions and sign papers. If he is older, and or on MassHealth (Medicaid), the Commonwealth of Massachusetts may also have an interest in the matter. You may wish to consult a Massachusetts elder law attorney.