Legal Question in Elder Law in New York

I am legally the Power of Attorney for a friend who is in assisted living. I am trying to get in to her apartment to get her things out and put them into storage. The building says they will not honor the poa. They say they believe she was incompetent when she signed the POA documents. Is there a cheap and easy way to make them honor the poa?


Asked on 1/25/10, 5:53 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

You have to find out (ask) who owns the building, and then who there attorneys are. Then you have to get a lawyer to look at the PoA and make sure it is validly executed, and the the lawyer can write a short letter to the the building owner's attorney (or she'll just call them up as one attorney to another) as to the PoA being validly executed and you will sue for damages. That is the least expensive method which might gain you access to the apartment.

Also, why don't you stop paying the rent? That will sure get their attention very quickly. I bet they let you in the apartment in about two seconds.

Good luck.

Rick Bryan

New York, NY

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Answered on 1/30/10, 6:19 am


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