Legal Question in Wills and Trusts in New York

If you change power of attorney does the former one get notified

If a person is sensed to have dementia and a 'friend' notifies that person's lawyer about what he thinks the POA is doing 'wrong' or 'dishonestly', does the lawyer have a right to have his client sign papers investigating same, knowing his client doesn't understand everything or remember from one minute to the next. Can he change the POA or exectutor of the will without notifying the person who was named?


Asked on 8/19/05, 11:38 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: If you change power of attorney does the former one get notified

There's no simple answer. Simply "telling" a lawyer his client has dementia doesn't mean his client does or that the lawyer is obligated to prevent his clients from signing legal documents. But if the lawyer himself knows or believes his client is incapable of having the capacity to understand and execute documents it is improper for the lawyer to have his client sign such documents.

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Answered on 8/22/05, 10:50 am


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