Legal Question in Elder Law in New York

Competency due to Alzheimer�s

My father has Alzheimer's. He is now in a nursing home and his competency is an issue. I have access to some of his accounts as a joint owner. But now it is time for me to access some of his other accounts to pay for nursing home care. Is there an easy way for me to do this or do I have to have him determined incompetent, and then how do I go about that. I think we are way past having him give me Power of Attorney, or are we?


Asked on 5/02/07, 4:12 pm

1 Answer from Attorneys
Michael Moberg Moberg & Associates

Re: Competency due to Alzheimer�s

Based on the information provided, he most likely cannot sign a Power of Attorney at this juncture due his incompetance.

The attorney draftsman of the POA may interview him to determine whether he/she is comfortbale having him execute a legal document. The attorney may want a letter from his treating physician with regard to his mental capacity.

If he cannot sign a POA, then you must commence a Guardianship proceeding with your County Supreme Court to be legally appointed his Guardian to access his funds and pay the nursing home.

I hope this information has been helpful. Good Luck!

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Answered on 5/02/07, 4:27 pm


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