BEVERLY – The Law Office of Julie Low announced last Wednesday that there was a successful resolution in the case “Estate of the Late Leroy V. Nelson v. MT&T Bank,” which was filed in Salem District Court.
The case involved violations of the Consumer Protection Act, M.G.L. c.93A. The settlement underscores the importance of honoring Durable Powers of Attorney (DPOA) and protecting the rights of elders and disabled individuals.
“This is a significant victory for our client, a disabled veteran who sought to avoid probate through proper legal steps,” said Attorney William Gaudino, the lead attorney on the case, assisted by Paralegal Ursula Kretschmann.
Gaudino added that “even though a validly executed Durable Power of Attorney was presented to the bank that permitted the addition of joint owners or payable-on-death beneficiaries on accounts, the request was not honored, forcing the estate into probate when the plaintiff passed away and causing unnecessary expense and hardship.”
The plaintiff was a resident in a skilled nursing facility before his death, and he had executed the DPOA, naming his niece to act on his behalf and authorizing her to add joint owners or payable-on-death beneficiaries to his bank accounts to ensure a smooth transfer of his modest estate without probate.
“Unfortunately, this is a recurring issue where financial institutions fail to honor legally executed Powers of Attorney,” said Attorney Julie Low. “The law grants individuals the right to name trusted representatives to act on their behalf, and institutions cannot selectively enforce provisions. Durable Powers of Attorney must be respected, especially in cases where the principal is physically unable to act.”
The settlement reimbursed the estate for all probate-related expenses. While the specific terms remain confidential, the resolution highlights the obligation of financial institutions to honor legally binding documents and respect the rights of all individuals, regardless of their circumstances.
“Durable Powers of Attorney are vital tools that empower individuals to delegate financial and administrative tasks they may be unable to perform,” Low said. “We are proud to secure justice for our client and hope this case prompts financial institutions to honor their customers’ wishes through their legal responsibilities.”
The Law Office of Julie Low remains committed to advocating for the rights of elders, disabled individuals and their families, ensuring their legal protections are upheld.
