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Do I have the right to get payed being power of attorey why she was in a nursing home by the estate after she dies ?

Somerset, MA |

do I have the right to get payed being power of attorey why she was in a nursing home by the estate after she dies ?

Attorney Answers 5

Posted

Generally speaking, no. Unless you provided a service that you would get paid for regularly and the deceased promised to pay for those services from her estate, acting as a power of attorney alone does not entitle you to compensation, it merely gives you the authority to make decisions for her if she was unable to make them for herself. If you are administering the estate you may be entitled to reasonable compensation. You should contact the person administering the estate if that is not you or the attorney probating the estate. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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Posted

To be honest, whoever gave you temporary Power of Attorney showed you considerable trust in one of the most challenging times of her life. It is an honor to HELP someone else. I'm surprised you would actually expect payment. Perhaps she chose the wrong person. Speak with the person's Estate Planning attorney or an Elder Law attorney about this.

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Posted

There is nothing in the Massachusetts Uniform Probate Code which states that an attorney in fact has a "right" or is "entitled" to compensation. But there is also nothing in the code that states that an attorney in fact cannot receive compensation. Does the power of attorney document that you worked under mention compensation or did the person you served as attorney in fact give you an expectation that you would be compensated? Since you mentioned that the principal was in a nursing home, the economics of pursuing any claim of compensation must be carefully weighed.

None of the information or materials posted above is intended to constitute legal advice. Viewing this and any response to a question does not constitute an attorney client relationship. Local counsel should always be consulted before contemplating or taking any legal action. Any reply given to any question is general in nature and should not be undertaken without the express advice of a retained attorney of your choosing. Attorney is licensed to practice law in the Commonwealth of Massachusetts. Most responses are based on Massachusetts law and or any other response is intended to be only an educated response, and not the legal opinion of the author. Any response given is not intended to create, nor does it create an ongoing duty to respond to questions. The person asking the question should independently verify the accuracy of any response.

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7 lawyers agree

Posted

Generally, no. However I would suggest looking at the document that names you as power of attorney as it may provide for compensation.

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Posted

Assuming that there IS an estate (which there might not be, given the cost of care and/or MassHealth liens), the first thing you have to do is read the document. Does it say you can be paid or does it say that you can't be paid? If the document says you can be paid, then payment is possible, but you better be prepared to submit detailed bills showing what you did to earn the fee you wish to claim. You would have to follow the rules of being a creditor of the estate. Don't be surprised if you need to sue in order to get payment. If the document says you cannot be paid or if it doesn't say anything at all, then you have no or shaky grounds on which to make a claim.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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