Legal Question in Elder Law in New York

Hello I am 27yr old female and care for my 88yr old grandmother for the past 10 years. I handle all her doctors appointments, complete goverment forms, and maintain constant contact with her doctors. Make sure she's safe. However, now an estranged son who has been absent for over 40yrs moved in, takes get money and over medicates her. I am so concerned because she has 1st stage alzemers and I see him taking her money.the Homecare agencies contacted me with serious concerns. What is the best affordable , reliable way to get power of attorney? She lives in new York And I live in new Jersey Does that interfere in anyway? and are these internet forms valid once filled without the presence of a lawyer? Is a notary public enough? Please help find a solution quickly. She is currently hospitalized due to depression. Thank you for you time.


Asked on 6/24/12, 1:29 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Power of Attorney probably isn't going to be sufficient in this case if mom already has a diagnosis of Alzheimer's disease. Maybe, but probably not. Almost certainly you're going to need a lawyer to visit mom and make a determination as to her mental capacity to appoint you as Power of Attorney and Health Care Proxy. Forget using "internet forms" in this situation. Almost certainly you're going to need an attorney to file for Guardianship on your behalf. Especially if grandma's son is now living in the household; the reality is a Power of Attorney is not going to be very effective, realistically.

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Answered on 8/06/12, 1:07 pm


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