Legal Question in Elder Law in New York

My stepmother gave power of medical attorney to my step brother who will not step in and help out my father to get my stepmother the help she needs. what are my fathers rights in this matter.


Asked on 3/20/14, 11:41 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Your stepbrother cannot be forced to act. Your stepmother needs to appoint someone else as Health Care Agent and your father needs to find someone else who will help. Just because your stepbrother is the Health Care Agent does not mean that no one else can do the job. I'm not sure what "rights" you think your father should have here. Do they qualify for community Medicaid? What type of help does your stepmom need?

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Answered on 3/21/14, 6:25 am


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