Legal Question in Elder Law in New York

Did not plan in advance

My mother-in-law recently had a stroke which initially resulted in a coma. She has since woken up, however, her only means of communication is nodding her head in answer to questions. She has recently been moved from the hospital to a Nursing Home. Although she is not a rich woman, she does own a home and has approximately $50,000 in an IRA account. Based on the fact that nothing of this nature was planned for in advance, is there anything that can be done to protect her savings, or at least her home, while she is recovering. At this point, there is no indication of how long she will need to be in a nursing home. She re-married 2 years ago, and neither her husband nor her children currently have Power of Attorney or Guardianship. Any information would be greatly appreciated.


Asked on 4/24/04, 6:31 pm

1 Answer from Attorneys
Anthony Park Anthony S. Park, PLLC

Re: Did not plan in advance

There may be specific procedures to effect a power of attorney with attesting witnesses. This is a somewhat unusual procedure, and you would probably incur significant costs (legal fees, bringing witnesses, notary to hospital, etc.).

Depending on the overall size of the estate and on your family situation, you may not need to do any additional planning. Email my office at [email protected] if you would like to schedule a consulation.

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Answered on 4/26/04, 11:13 am


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