Legal Question in Wills and Trusts in New York

My brother has POA for my mom. He is not acting in her best interest. He is her primary caretaker in her home with a part time aide. He is currently experiencing extreme emotional stress and cannot make any decisions. My mom has dementia and cannot grant me guardianship.(as far as I understand)

Is there any way I can take over my mom's finances. My name is not on anything.


Asked on 12/27/21, 2:15 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

DOES THE POA NAME A SUCCESSOR? IF NOT, YOU WILL PROBABLY HAVE TO GO TO COURT TO BE APPOINTED GUARDIAN OF BOTH MOM'S PERSON AND PROPERTY, WITH YOUR BROTHER CONSENTING TO YOUR APPOINTMENT.

YOU WILL PROBABLY NEED MEDICAL VERIFICATION OF MOM'S MENTAL CONDITION ALSO.

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Answered on 12/27/21, 2:53 pm
Richard Bryan Richard Bryan Attorney PC

This is a terrible situation and unfortunately very common. If you want to get control over mom's finances, you have to file a Petition for Guardianship and go to court and explain everything to the judge and ask the judge to put you in charge.

Good luck.

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Answered on 12/27/21, 3:00 pm


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