Legal Question in Wills and Trusts in Massachusetts

Power of Attorney for Brother

I have a brother that has MS. He is living in Massachusetts and his wife that he is not divorce lives in NY. My sister and I take care of him in Massacusetts. My brother made my sister and I his power of attorney. For the pass year his wife has been coming to have him sign off on things we were not aware of until lately. Things like her pension, her condo. She wants to leave all of this for her 2 sons. My brother sign off on this. Sometime he has problems remembering things. Can we stop his wife from doing this without us knowing? If we can I would like to get a lawyer to specified this to her. She has gotten away with a lot because he did not want to say anything to us.


Asked on 2/26/07, 4:22 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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.

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Answered on 2/26/07, 4:30 pm

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.

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Answered on 2/26/07, 5:21 pm
Herbert Cooper Law Offices of Jameson & Cooper

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.

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Answered on 2/28/07, 2:25 pm


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