Legal Question in Family Law in New York

durable power of attorney

can i still get power of attorney over my father even though we havent filled out the forms for power of attorney? my father's in tha hospital right now and i dont think he's able to fill out those forms in any way but i still have to make arrangements for him because he's dying, i would still like to get power of attorney because he recieves checks from ss and so on and they might be helpful for making payments towards the funeral arrangements and so on. can i still get power of attorney if he's not able to sign the forms and if not how can i go about this and doing whats best for him.


Asked on 1/16/08, 5:11 pm

2 Answers from Attorneys
Michael Giordano

Re: durable power of attorney

If your father is unable to sign or comprehend a durable power of attorney, you'd most likely have to ask the court to appoint you as the guardian to handle his person and/or property. Once the court has issued its judgment in this regard, you'd get a commission to act as guardian from the coubty clerk and then administer his affairs according to the court's ruling.

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Answered on 1/16/08, 5:26 pm
Maria Bucci-Orozco

Re: durable power of attorney

If your father is competent mentally then it can be done. Your father needs to ask someone to sign for him, and then the attorney drafts the paperwork in a way to ensure that it is properly executed. Contact me if you are interested and we can discuss the details of the situation. You can email me at [email protected]

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Answered on 1/17/08, 10:05 am


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