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Massachusetts Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Massachusetts on
Q: 92 yr old going into nursing home &house has to be sold to pay can children sell if no POA & no incompetency?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 20, 2017

Hello, If your parent is competent then he or she can execute a power of attorney authorizing his children to conduct the home sale. However, if he or she is in a gray area of competence, then a Conservatorship should be seriously considered .

1 Answer | Asked in Elder Law, Family Law and Real Estate Law for Massachusetts on
Q: What are my rights?Husband left me 3wks ago. Both names on the home.I have paid all the bills.Can my son move into help?

What are my rights?Husband left me 3wks ago. Moved in with his sister in Texas. Both names on the home mortgage with huge balloon payment in 28 yrs. No equity in the home. I have paid all the bills.Can my son and daughter-in-law move into help me with the mortgage? We have a MHA mortgage. We pay... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 8, 2017

You say you only have 2 months of payments left, yet you say there is no equity in the home. These claims are at odds. You may want to file for divorce to settle the property dispute. I see no problem with leasing the home to tenants. More details are necessary to provide a professional analysis of... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Elder Law for Massachusetts on
Q: My father owns the house I live in if he goes into a nursing home do I have to leave the house

I have lived here for 13 years and my wife and children live here as well. I am worried because there is no trust on the house but my father has a will and on the will the property goes to myself and my brother . But if the health insurance did not cover the nursing home would they put a lien on... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Dec 11, 2016

You're asking hypotheticals without sufficient facts for an attorney to answer your question. Your living situation there might be in jeopardy, but it depends on a lot of facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: Is there any way to over turn a power of attorney when it is being abused?

My grandfather was diagnosed with dementia in Florida, where he and grandma lived. He was suffering severe bouts of memory loss when his daughter, grandma's stepdaughter, came from Mass with an attorney and asked him to sign power of attorney to her. He did, but grandma did not want to and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

If she is competent she can revoke a power of attorney. An attorney can prepare a revocation and then if there are assets that have been used wrongly and/or aunt will not account for what was done with funds in her care and control there may be a proceeding against aunt, also. Consult a probate... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: Can a nursing home have a dementia patient, who has a daughter as durable power of attorney, sign legal documents?

I'm sure my mom had no idea what she was signing, after I have been harassed and threatened by the facility, to sign a mortgage on her home to pay them. And I was never notified, found out by accident. I am disabled and child caretaker for over two years living in the home, which prevents... Read more »

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

There may be defenses here. Talk to a local elder law lawyer about the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
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1 Answer | Asked in Elder Law for Massachusetts on
Q: Is a poa executed in Florida valid in Massachusetts
David E. Peterson Esq.
David E. Peterson Esq.
answered on Apr 19, 2011

In short, yes. Of course you'll want to review the document carefully to see whether it becomes effective immediately, or only on the incapacity of the principal (springing), or whether it specifies any other events of termination. However, your basic, run of the mill Durable Power of... Read more »

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