Legal Question in Civil Litigation in New York
My father and step mother are residence of Florida. They are now in New York. My step mother is in the hospital and father will be moving to an assisted living facility. The step mother's family has blocked access to my father's funds. Do I need a New York or Florida attorney.? Thank you
Asked on 9/17/10, 4:37 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Maybe. If the father is not competent, and you do not have a valid power of attorney, you would have to petition the Supreme Court in the county where your father is living to have your father deemed incompetent and you deemed his guardian. This is called an Article 81 proceeding. When you are deemed his guardian, you will have access to his funds.
Mike.
Answered on 9/22/10, 5:24 am
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