Legal Question in Wills and Trusts in Massachusetts

Re: power of attorney

A Durable Power of Attorney does not have to be a family member. Because this person is given the responsibility to act in place of the person granting the authority, the person named should be absolutely trustworthy. The person named has a fiduciary duty to the persosn giving the authority - that is he or she has a duty to act in the best interest of the person giving the authority and may not act in self-interest or against the interest of the person giving the authority.

I would be happy to discuss drafting a power of attorney document for you as well as other documents that may help you as you try to prepare for the future.

: power of attorney

These are whatever powers one has agreed to give, and any competent adult can be the attorney-in-fact.

If you have questions, contact me.

Re: power of attorney

Frequently, an individual appointed as agent of the principal (for whom the agent or "attorney-in-fact" acts) can do anything the principal could do himself or herself (pursuant to broad powers given in the Power of Attorney). The responsibility of the agent is to act in the best interests of the principal, as a fiduciary (someone who acts with a high standard of duty to the principal).

The agent can be anyone in whom the principal places his or her complete trust. While it frequently may be a family member, there is no legal requirement that it be so.

If you need any assistance please feel free to contact my office.

Re: power of attorney

A Power of Attorney, or I assume you are referring to a Durable Power of Attorney, allows in the case of someone being incapacitated a person they designate to handle their affairs and take care of things within the scope of authority given to the Person granted the Power of Attorney.

Please feel free to contact me if you have more questions.