Legal Question in Wills and Trusts in Massachusetts

Re: Rights of Power of Attorney Re: Will

There is a need for information to properly answer the question. A person under a Power of Attorney has an obligation to act in the best interest of the person who granted the Power.

The POA person probably does have the power to sell the property, lease it, or otherwise handle the affairs of the person he repesents. But he cannot simply give things away.

The Will is a separate issue and deals with what the deceased has at the time of his death. The will does not obligate the person to keep something until he dies. So if the person owned two homes and was intending to leave one home to one of his children and one the other and prior to death sold one home, he can do it. Moreover, as long as the sale is in the interest of the person who has someone acting as his attorney in fact, he can do so.

You can seek a conservator if you believe the Attorney is acting either irresponsibly or only to feather his own nest.

I would go see an attorney with all the facts as soon as possible.