Legal Question in Wills and Trusts in Massachusetts

Re: Power of Attorney - Massachusetts

First, please accept my condolences for your lost.

Only living and competent people can execute a power of attorney. If she has any probate assets (like bank accounts standing in her name), you will not be able to deal with them until you file for estate administration at the Probate Court. If the only thing she has is the life insurance policy, the beneficiary (or the beneficiary's representative or the administrator of the estate) will need to contact the insurance company to request a claim form.

If your father is incapacitated and does not have a power of attorney, you cannot handle his finances until you are appointed as his conservator or guardian. If he is in a nursing home, you have to consider Medicaid issues as well.

I strongly advise you to contact one of the fine attorneys in the Merrimack Valley who are members of the National Academy of Elder Law Attorneys. You can find a listing at http://www.naela.org

Please feel free to contact me if I can be of further assistance.

Re: Power of Attorney??

I agree in part.

What you first need to say is who is the beneficiary. If it is your father, then you have to say if his incapcitation prevents him from being able to understand and file the claim.

If he is capable, then he can sign a power of attorney. If he is not, they you may have to seek an appointment as a guardian in the probate court.

If you have any more questions, or need assistance, I am in Andover, and I will try to help you.