Legal Question in Elder Law in New Jersey

Power of Attorney

There is a dispute amongst my family in which there is money involved. My brother has acted as power of attorney by forging bank documents immediately after my father died. He forged my mother's name to a joint account and got away with it at the bank. He lives in California and I live in N.j. where my mother resides. He has acted as her financial adviser but I guess the money has become his priority instead of my mother. I in the meantime have not been made aware of any of my father's money which is substantial. The problem is that my mother suffers from Alzheimers and had decompensated rapidly. I have now placed my mother in Assisted Living in New YORK. I have seen a lawyer in regards to obtaining power of attorney myself since I am taking care of my mother now. My brother plans on coming here and getting power of attorney through a notary. I would like to know if this is possible and would like to mention her residence has changed to New York. Also my brother is attempting to put his name on the house because I am living in it. Does this also require an attorney. My mother I would like to mention is orientated at times and would be classified as marginally sane. Thank you!


Asked on 2/25/03, 1:33 am

1 Answer from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Power of Attorney

You need to see a New York attorney and start an action for Guardianship of your mother as soon as possible. If your father died in New Jersey, was it with or without a will? An action may have to be started in New Jersey for his estate. I cannot help you with New York, but I can help you with New Jersey. Call me if I can be of further help. 973-808-2003.

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Answered on 2/25/03, 9:26 am


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