Legal Question in Wills and Trusts in New York
Disinheritance
My mother who had Alzheimers passed away last week of cancer. My step-father was the Health Care Proxy since Dec. 2002. Can my step-father be disinheritied from my mother's will on the grounds that he violated his responsibility to her as her health care agent?
My mother was diagnosed with cancer at the beginning of August. My stepfather was told to put my mother in the hospital by a specialist. (I was out of the country at the time and learned this in Sept.). He did nothing until Aug. 31, when she was extremely weak, and lied to me claiming he didn't know what was wrong with her. She had symptoms of illness (unbeknownst to me) from Sept. 2002. My stepfather did not seek medical treatment for her, even though she complained of pain and was quite weak. She would have died anyway, because her cancer had spread. But, if my stepfather had acted sooner, chemotherapy might have extended my mother's life by 1-2 years. I believe that my step-father acted to accelerate my mother's death not for her best interest.
2 Answers from Attorneys
Re: Disinheritance
He cannot be disinherited, as such, but possible claims may exist if he violated the terms of the Health Care Proxy for emotional distress, or other claims. I cannot give you a more accurate evaluation without seeing the terms of the Proxy.
Re: Disinheritance
Only if he were convicted of criminally causing her death, however, you may have a cause of action against him for neglecting her care.
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