Legal Question in Family Law in New York
Me and my 4 siblings are receiving a small inheritance from the sale of our deceased aunt's estate, which will be divided equally among us. Each of us will be required to sign a contract of sale in the presence of a notary. However, one of my sisters is mentally challenged and does not have the ability to sign her own name. Plus, she is currently living in a NYC run group home. I understand that in order for me to sign for her I would need to apply for Power of Attorney.
My question is, since she is now residing in this Group Home, would I be able to get Power of Attorney over her so that I can manage her share of this inheritance?
2 Answers from Attorneys
You are going to need to file for guardianship for your sister. A simple power of attorney will not give you the authority to do what you want. This will be complicated and can take time and effort. You should seek out a qualified family law or elder law attorney to assist you. Many elder law attorney's are experienced in guardianship applications and therefore can be very helpful in a case like this. It is possible to accomplish this regardless of where your sister is living.
If she is unable to sign a contract because she is mentally challenged, how can she sign a power of attorney?
Joel is correct. If she does not already have a guardian, you would apply, on her behalf, for a guardian pursuant to Article 81 of the Mental Hygene Law. I disagree with Joel where he rights "it is possible to accomplish this regardless of where your sister is living." Instead, you would have to file the petition in the county where your sister resides.
If you need help feel free to telephone.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
