MA Wills and Trusts: The only law we practice, in plain English.
Law Office of Joel Bernstein, Lexington, MA Call 781 863-8606 for appointment www.jbernsteinlaw.com email: joel@JBernsteinlaw.com
Most become invalid at incapacity. A durable power of attorney does extend through incapacity, but it may not work when it’s needed. That’s because some financial institutions will not accept any power of attorney; others will insist that it be on their own forms. The reason is they have no way of knowing if you have changed your mind, and they do not want to be held liable for giving access to your assets to someone you may not want to have them. If it is accepted, it still may not work the way you want. Giving someone power of attorney is often like giving that person a blank check to do whatever he/she wants with your assets. Most people prefer having a living trust.