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Can I file bankruptcy in MA for my sick mother with a power of attorney?

Additional Information:

My mother is incapacitated and can’t make decisions for herself because of her dementia. Can I help her file bankruptcy by using a power of attorney that she signed two years ago appointing me has her agent?

ATTORNEY ANSWER:

You should discuss the situation in detail with a competent Massachusetts bankruptcy attorney, but you may want to consider looking in to a conservatorship.  Depending on the language of the power or attorney, how much power was granted to you by the document and whether it is a durable power of attorney or not, you may be able to use the POA to help with a Chapter 7 Bankruptcy.  Check to see if the power or attorney specifically grants the attorney in fact the power to file bankruptcy on behalf of the principal.  I would check with an experienced bankruptcy attorney before taking that route, however.  There is no doubt, however, that a person appointed as another’s conservator can use that power to help file for bankruptcy protection.  When you think about it, your mother will, in all likelihood, need much more help in the future with her finances and all other aspects of her life so a guardianship and/or conservatorship may make sense for other issues she will face as well. 

The Plymouth MA Bankruptcy Lawyers  at Esher-Rossi concentrate their practice in bankruptcy and insolvency matters.  Our lawyers serve consumers and businesses throughout the state of Massachusetts with offices located in downtown Boston, the Boston Metrowest town of Framingham, and  Provincetown, Cape Cod.

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