Legal Question in Family Law in New York
power of attorney
If my mother suffers from mental
illness and i get a power of attorney
and a health proxy naming me as
her agent does her husband who
does not live with her or help take
care of her have rights if any
financial or health decisions need to
be made?And do i need to go
through a lawyer to obtain the power
of attorney?
2 Answers from Attorneys
Re: power of attorney
If your mother suffers from mental illness and is mentally incapacitated, you cannot obtain a power of attorney since your mother is not competent to give you that power. Instead, you should be making application to the Court to become your Mom's guardian.
Mike.
Re: power of attorney
If your mother agrees to name you as her power of attorney and in her health care proxy to make medical decisions for her, then you will make those decisions, not her husband. I am an attorney and I can prepare these documents for you. You do not have to have an attorney, but it is highly recommended so that the process is done correctly and you mother's wishes are represented in the proper way. Also, it is recommended that you use an attorney to draft the language to ensure that the rights over these matters go to you and not her husband, if that is what she desires. Email me at [email protected] for more information about my services.
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