Legal Question in Family Law in New York

Without a POA, you will be limited in what you can do for your mother but if she cannot make decisions for herself she will also be unable to grant a power of attorney to you (due to lack of capacity.) A guardianship would have to be obtained by petition to the court. This is expensive but your only option at this point.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

Michael C. Giordano

572 Route 303

Blauvelt, NY 10913