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Question about wills and Powe rof Attorney. Massachusetts

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  • Question about wills and Powe rof Attorney. Massachusetts

    Alright I'll give you a brief explanation.

    My mother, whom I do not speak to at all for personal reasons, is my grandfathers daughter and Power of Attorney. Now before he was diagnosed with alzheimers around 7-8 years ago, he had mentioned to my mother over the phone about his will, and my name was on it. Now he is practically unable to even talk, and lives in a nursing home


    My question is, can my mother liquidate his funds and take them for himself while she has full power over his bank accounts and assets?
    And, can she alter the will, even though he already wrote it.


    The reason I would accuse her of doing something of the sort, is because she wrote her will around 15 years ago, when me and my sister were between 5-10, and did not put me or her anywhere on it, not even her husband, she directed it ALL to her cousin.

    So she is pretty bent out of shape about keeping the money away from anyone like my father, or me or my sister.

    Thanks
    -Aaron

  • #2
    The details in the POA and in his will would be important for a definitive answer. However, in general, a POA runs no longer than the life of the deceased and would not permit changing a will. A POA may, or may not, depending on its wording permit transfers of assets which may be considered to benefit the person holding the POA.

    So, the answer to your question is maybe. There is quite likely enough slip so she could transfer at least part of his assets in ways that would be difficult to challenge.
    Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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    • #3
      She cannot "alter" the will. What she may do re the POA is hard to say, as Scott noted, based on just the info in your post. You may end up needing to talk to an attorney.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        If your grandfather is in a nursing home there may not be much in the way of assets left.

        A good nursing home is over 5k a month. That doesn't cover any medicines or treatments not covered by insurance.

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        • #5
          Good point, HRinMa.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            My grandfather has very good insurance, which covers his nursing home cost 100%. However I feel like since my mother has access to his bank account, and other assets she has sold them and taken all of the money for herself.

            She is a greedy greedy person, and she only cares about money.

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            • #7
              Ok. However; based on info furnished, we can't tell you anything more. Once again, you may need to talk to an attorney.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                In a short answer, the POA gives the holder the right to do whatever they want within the limits of the POA.

                My sister had POA for my mother and totally emptied the contents of my Mom's house before my Mom'd death. Didnt offer me any of the things in the house and didnt feel she needed to because she had POA.

                It can suck.
                I find that the harder I work, the more luck I seem to have.
                Thomas Jefferson

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                • #9
                  Originally posted by aaron1164 View Post
                  My grandfather has very good insurance, which covers his nursing home cost 100%. However I feel like since my mother has access to his bank account, and other assets she has sold them and taken all of the money for herself.

                  She is a greedy greedy person, and she only cares about money.
                  Do you have proof she has converted his assets over for her own use or just supposition?

                  As for the will, I don't see how you would have a right to view it now rather than before he passes away. Until he actually passes, he can do whatever with his assets that he chooses, including changing his will to exclude you.

                  I have seen it happen with my uncle and great aunt. Her estate was split 50/50 between my dad and uncle. When my dad passed, my uncle got her to change the will and leave it all to him. It didn't bother them that my mom had 6 children under 18 to support. So it sucks but is legal.

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                  • #10
                    Agree, he can change his will (if he's competent) but generally she can't even with a POA. OP was concerned about her "altering" it.

                    What she can do re the POA depends on what it says as noted previously.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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