Legal Question in Elder Law in New York

my brother produced POA papers at a family meeting, my mom is 83 diagnosed with senile dementia, when I looked at the papers I did not see a lawyers signature or my mothers signature, I aske him if the attorney had spoken to my mother privately t o determine whther she was understanding of what was being done, he said no, the lawyer came to the house ..I have asked him for the name and address of this lawyer who gave him POA but he refuses to answer me, I do not think it is real, the only signature on it was his (my brother) with a notary ink stamp and signature, am I within my rights to ask him for a copy of the POA for an eldercare attorney to look at it? My brother has lived with my mother for 30 yrs and she will do or say anything he tells her to do, I also do not think the POA was done by an eldercare attorney, is this legal?


Asked on 3/17/14, 10:19 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

A Power of Attorney doesn't necessarily need to be completed by a lawyer, but you are right to be concerned. Let me ask you this: what is your brother doing or not doing for your mom which has you worried? If he's been living with his mother for 30 years he probably knows what's best for her. If you think he is taking advantage of his mother financially for his own benefit, then your only recourse is to hire a lawyer and file a petition for guardianship and have a judge look into the matter.

Good Luck.

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Answered on 3/18/14, 6:01 am


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