Legal Question in Elder Law in New York

Re: NY POA - records

If you have the POA with regards to the home and the person that has the financials wants it sold, just tell her that unless you are fully informed about the financials that you do not see a reason to sell in a down market. Ball is in her court, then.

Re: NY POA - records

Well if the Power of Attorney says that you all must act jointly, then what do you care what your sister wants?

So your mother and grandmother own a home jointly?

The market is not nearly as down in New York as in Florida or in most other parts of the US. It's definitely a buyer's market, but still pretty darn strong in New York, especially in the suburbs of Manhattan, including New Jersey. Be careful of converting a Medicaid-exempt asset (the personal residence), into a countable resource (cash). Could be a big mistake.

Forget about suing your sister. Your only recourse to get the records may be to file an Article 81 Petition for Guardianship, which is a very, very, very expensive affair if there are many family members involved and they're spread across the country and are all going to get lawyers. Everyone gets paid out of mom's money.

Just tell you sister you're not cooperating with selling the house until you're satisfied it's the right move. That's your legal obligation, by the way.

Good luck.

Rick Bryan

New York, NY