Legal Question in Family Law in New York

Re: Power of Attorney for person with brain injury

there are quite spedific procedures for a guardian or consevator There are petitions filed in Supreme Court you can call me for free consultation at 212 683 8677

Re: Power of Attorney for person with brain injury

It is probably too late to get a power of attorney. Therefore, you will have to apply to a court to have a guardian appointed for her and the children.

Daniel Clement

Re: Power of Attorney for person with brain injury

To achieve the desired result you must petition the court for appointment as guardian. It may be a little simpler if your daughter has the ability to both think clearly and to write her intentions on paper. For more info you may call my office @718-834-0087.

Re: Power of Attorney for person with brain injury

If your daughter is able to express her desires, by whatever (even unspoken means), her desires and intentions respecting her children and finances, muust be recorded in writing and THE writing must be ascertained that she fully comprehended the writing. Verification of her acknowledgement must be done by a third party and notarized. (Look at notarization process for a blind or handicapped person).

If your daughter is incompetent re HER ability to make make judgments etc., re herself, children or finances, then you must file a Surrogate's Court Petition (probabaly under Article 81 Mental Hygiene Law) for control of her [the mother] and her assets; and a Family Court Petition for Guardianship of the children.

Note, if the biological father is surviving, he has superior rights to custody and control of the children, over you the grandmother; and as a consequence may be entitled to child support from the mother (from her assets). He will have to be "Noticed" in all circumstances re the children. But, need not be "noticed" re her if she is unmarried.

You need to consult with a lawyer immediately, before you make irreparable mistakes that could harm the children and your daughter.

GOOD LUCK,

PHROSKA L. McAlister, ESQ.

Re: Power of Attorney for person with brain injury

If your daughter is able to express her desires, by whatever (even unspoken means), her desires and intentions respecting her children and finances, must be recorded in writing and ascertained that she fully comprehended the writing. Verification of her acknowledgement must be done by a third party and notarized.

If your daughter is incompetent re ability to make make judgments etc., re herself, children or finances, then you must file a Surrogate's Court Petition (probabaly under Article 81 Mental Hygiene Law) for control of the mother and her assets.

Note, if the biological father is surviving, he has superior rights to custody and control of the children, over your the grandmother; and as a consequence may be entitled to child support from the mother (from her assets).

You need to consult with a lawyer immediately, before you make irreparable mistakes that could harm the children and your daughter.

GOOD LUCK,

PHROSKA L. McAlister, ESQ.