Legal Question in Elder Law in New York

power of attorney

I had my aunt's (86yrs) power of attorney until a problem with a family member who cashed one of her checks without her permission. After this happened the relative took my aunt and had mine revoked and her son appointed. They also took my aunt to their home in Feb 2005 and will not bring her back or allow contact since check incident. I just discovered that her property has been signed over (by her) to the person who is now her power of attorney. Also, she and I jointly owned a residence where I resided until I came home and found that the new POA had emptied it of all my belongings when i was out of town on a family emergency. Can I do anything to keep him (THE POA) off the property ? I have been told no by a local attorney because she co-owns the property with me and he is her POA....is this correct? thanks


Asked on 8/03/05, 1:55 am

1 Answer from Attorneys
John O'Donnell Attorney at Law

Re: power of attorney

I am sorry, but I am not certain that I understand your question.

If you are concerned that your home will be sold without your authorization, you should know that the house cannot be old unless you agree to the sale. However, there are other actions that the holder of the Power could take which may be adverse to you such as partition. You may want to consult an attorney to see if all of the issues with respect to the POA are resolved. Keep in mind that if the holder of the power is abusing it, they could be removed and ordered to, in effect, pay restitution.

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Answered on 8/03/05, 10:46 am


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