Legal Question in Wills and Trusts in Massachusetts
Power of Attorney-Abuse
I believe that my Brother has cohered my Mother into signing over Power of Attorney. He also had her will changed so he is now executor, as opposed to the eldest sibling. My Mother seems to be suffering from Dementia and or Alzheimer�s. Brother lives with Mother full time and controls when other family members can see her. Brother has not held a full time job in over 10 years, yet lives very well. He splits is time between Florida and a beach house in New Hampshire. He is now preparing to sell the family home against the wishes of the other siblings. We believe he is going to use the proceeds fro the sale to renovate the beach house.Claims Mother has agreed to this, which we do not believe to be true since she is not of sound mind.
Do we have any legal rights here? We want to make sure my Mother is properly cared for and that the rest of the siblings also get what is rightfully theirs.
2 Answers from Attorneys
Re: Power of Attorney-Abuse
If your mother is not of sound mind and has not been of sound mind when she issued the Power of Attorney, then you can petition to invlidate the Power of Attorney as well as for the appointment of a Conservator and a Guardian in Probate Court. A Conservator is appointed by the Court to protect the assets of a person unable to make such decisions for himself. The Guardian is appointed to take care of the person. The two do not have to be the same person. The court may or may not appoint one or more of you and your siblings as Conservators, it may decide to appoint the brother. You will first have to show your mother is not capable of handling such matters for herself.
If your mother has been subject to undue influence or forced to sign a power of attorney, you will have to show that and if successful the Power of Attorney will be revoked by the court.
These things can become expensive. I would suggest you meet with an attorney as soon as possible if you want to stop the sale.
Re: Power of Attorney-Abuse
Consult an attorney immediately about petitioning the Court for appointment of you and/or one of your siblings as Guardian and/or Conservator for your Mother, Before the sale of the real estate.
JOSEPH M. MURRAY, ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 02333-1173
(508) 378-3944
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