Legal Question in Wills and Trusts in New York

If the father has Alzheimers then there is a good chance that he did not have capacity to sign a Power of attorney. If that's the case Michelle should petition the court for a Guardianship of her father. She can also contact Adult Protective Services with her concerns.

If she wishes to speak with me my phone is 845-709-6322. My NY office is in Rockland County,

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

I agree with Mike and suggest she act quickly. She should get his medical records or have the doctors get involved, f she can, as she made need this to prove her case. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Just to expand on the answers that were provided (both of which are in all respects correct), the New York Supreme Court has the power, pursuant to Article 81 of the Mental Hygiene Law, to appoint a property management guardian and/or a personal needs guardian for your friend's father. There is a preference for family members to be appointed, and it would sound as though your friend would be an ideal guardian.

At the time of the filing of the order to show cause that commences the guardianship proceeding, the court could, by order, suspend the power of attorney, thus preventing your friend's father from being further exploited.

The court is empowered to tailor the powers of the guardian to the particular need of the "Incapacitated Person" and to thus allow him to remain as independent as possible, given his particular circumstances.

Guardianship proceedings are given a special preference within the court system and thus may be brought on quickly. A hearing usually comes on within about a month of the initial filing. And, as earlier stated, the court can in the meantime suspend any powers of attorneys or other designations of authority that were granted by the Incapacitated Person.

You may feel free to contact me (or any other attorney experienced in this area of the law) if you would like. I have been involved in many such proceedings.

Good luck to you.