Legal Question in Elder Law in New York

conflict of interest

I am my aunt's proxy and surrogate on her Living Will also executrex of her estate; standing to inherit 1/2 of the estate. her son the other 1/2.

Is there a possibility of conflict of interest for me. I did not know about the Living Will until just recently.

The documents were both written in 1995. The son was out of state and distant in the relationship. He is here now and there is visitations and calls from him to his mother.

If I follow the letter of the Living Will and deferr all other decisions about My Aunt's care and finacial managment to her son in the event she is no longer able to make those choices any longer, does that defuse any potential lawsuits my cousin might want to persue?


Asked on 4/07/09, 12:33 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: conflict of interest

The Living Will is relevant to end of life decisions. Are you talking about a Health Care Proxy? Do you have Power of Attorney? I really cannot understand what you are asking. Why are you worried about being sued? For what? If your aunt made you her attorney-in-fact and agent for health care purposes you need to step up and take charge and make decisions in your aunt's best interests. If you're not going to step up, then tell your aunt you're not up to the task and have her appoint someone else.

Good luck.

Rick Bryan

New York, NY

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Answered on 4/07/09, 9:10 pm


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