Legal Question in Elder Law in New York

Power of Attorney

I was given Durable power of attorney for my sister who has Altzhiermers disease. Her husband just died the other day. I need to know if the durable poa which was witnessed before a notary public is valid and binding. If not what should I do because she is unable to take care of her bills and such. Her husband made me the executrix of his will also, which was done with his lawyer.

thanks,

buffalo, ny


Asked on 5/14/04, 8:20 pm

1 Answer from Attorneys

Brenda Mattar Mattar & D'Agostino, LLP

Re: Power of Attorney

If you have Power of Attorney over your sister, then you have the authority to take care of her financial transactions. Provided that the POA grants you that authority.

As the nominated Executor of your Brother in Law's Estate, you will need to retain an Estate attorney to proceed with the probate of the Will. First however, you and the attorney will need to determine if the Will needs to be Probated.

I suggest that you meet with an experienced Estate attorney ASAP for a review of the POA and to discuss the Will and Estate. I am an experienced Estate attorney in Buffalo, NY. Please call me at 856-4022. Thank you.

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Answered on 5/17/04, 8:32 am


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