Massachusett's durable power-of-attorney (DPOA).
Full Question:
Answer:
From your letter I gathered that the lender didn't say why it wouldn't honor the durable power. Lenders and other parties dealing with powers historically have felt free to reject a power upon the ground of staleness. Statutory durable powers are meant to eliminate staleness as a ground of objection to a power. Inasmuch as you cannot compel a lender to make a loan, a prudent course of conduct could be to ask the grantor make a new durable power under the current Massachusetts' statute, Chapter 201B. Even though you are familiar with Massachusetts' statutory law regarding durable powers of attorney, I have included a link to Massachusetts' Chapter 201B for ease of reference.
If for whatever reason, it is impossible or impractical for the grantor the make a new durable power under Chapter 201B, then an alternative--assuming that the grantor is either incapacitated or financially incapable under Massachusetts law, then an alternative could be a protective proceeding--guardianship or conservatorship--under Massachusetts law.
Please see the links below for the January 2009 Massachusetts Uniform Probate Code.
Durable Power Of Attorney Law & Legal Definition
A Durable Power of Attorney is a legal document that enables the grantor (Principal) to designate another person called the agent or attorney-in-fact to act on behalf of the Principal, even in the event the individual becomes disabled or incapacitated. Therefore a "durable" power of attorney stays valid even if the Principal is not able to handle his or her affairs (incapacitated). Usually a power of attorney becomes ineffective if its grantor dies or becomes incapacitated. If the grantor does not specify that that the power of attorney is to be durable, it will automatically end when the principal becomes incapacitated.
Capacity Law & Legal Definition
Capacity is subject to different meanings, but in the legal sense, it refers to the ability to make a rational decision based upon all relevant facts and considerations. In criminal law, the defendant must have the capacity to understand the wrongfulness of his or her actions. In making a will, the maker of the will must have testamentary capacity, meaning that he/she must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty.