Legal Question in Elder Law in New Jersey

Durable Power Of Attorney

My brother, which lives in CA, was granted General Durable Power of Attorney for my mother in NJ. The document states that she resides in NJ, but for the past year or so she's been residing in an assisted living facility in NY. I have documents to prove she is a resident of NY also. Does this effect the legalities of the POA document?

In August of 2002, my mother attempted to withdrawl money out of her bank, which they refused her and said they had to speak with her son first. He had already had put his name on her bank account without her consent. The POA wasn't granted until August 14, 2003.

She has no recollection of signing the POA document or even being at the meeting. She is very upset. My brother is now trying to sell her house, which she refuses and told him not to do, but he is proceding anyway. Also the POA is unrevocable. Is there anything I can do at this point at all? Thank You.


Asked on 10/21/03, 7:38 am

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Durable Power Of Attorney

I would need to see a copy of the POA to answer most of your questions.

The fact that your mother resides in NY would not affect the validity of the POA. I also doubt very much that the POA is irrevocable...I've never seen such a document. If your mother is competent, she can revoke the POA if that's what she wants to do. If she was incompetent when she signed the POA (you said she does not remember signing it) then it may be invalid.

It sounds to me like you and your brother need to have a long and serious talk before this ends up in court and a real mess. That's where it seems to be heading. If your mother is not competent, she may need to have a guardian appointed.

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Answered on 10/21/03, 9:48 am
Benjamin Laves Benjamin S. Laves, Esq.

Re: Durable Power Of Attorney

A power of attorney properly executed in NJ will be valid in NY. It is most likely revocable not irrevocable. I have never seen an irrevocable poa. Whether or not your brother has the authority under the poa to sell your mother's house can only be determined by direct examination of the poa document itself.

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Answered on 10/21/03, 10:01 am


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