Legal Question in Elder Law in New York

Brought my mother's will,health care proxy and POA papers to a new attorney for review. He suggested updating POA and health proxy. Mom will need to sign but she hss dementia. The doicumnents are 10 years old ..do they really need updating? He said laws and regulkationszregulkationsz have changed in NY since then and it's a good idea. Am I just being ripped off?


Asked on 11/11/16, 12:31 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

If she has dementia then it is very likely that she does not have the capacity to understand what she is signing. Therefore, you may have no choice but to stick with what you have or file a petition for guardianship if your mom's circumstances require you to extinguish the POA prior to her death.

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Answered on 11/11/16, 12:39 pm


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