Legal Question in Wills and Trusts in Massachusetts
My wife & I just found out recently that my sister-in-law has power of attorney for her mother. We asked for a copy of the POA document. She will not give us a copy. How do we get a copy? Would the probate court have a copy?
My sister in-law does these things without family intervention. She also is mentally disabled & does not work because of this.
This doesn't make sense to have a mentally disabled person making decision for my mother-in-law behalf. Can the POA be contested?
Regards,
Larry
1 Answer from Attorneys
Depending on the nature of her mental disability you can challenge her POA. Likewise, your wife could ask her mother to revoke the POA and issue a new DPOA appointing someone else.
Generally, a POA is not filed with the Probate court. It is given to a bank or other person if she is transacting business for your mother-in-law.
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