Legal Question in Wills and Trusts in New York

Re: Who has legal liability?

Your sister as executor of the will has no say over things until such time as your mother dies. As for the power of attorney only your mother can revoke the power of attorney so until she does so, he still has so over th powers that were granted to him. However if it is not a durable power of attorney it becomes ineffectual at the time your mother is no longer able to be competent in her actions, if you believe that may be the case you need to speak to a lawyer who deals in family law.

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Re: Who has legal liability?

If your mom still has sufficient capacity I suggest she revoke the Power of Attorney and current Living Will, and prepare new documents puting you in charge. I suggest that at the time of execution of these documents, she have a simple physical exam by her regular treating doctor, who would be a witness to her signature on the new documents. That way, if anyone wanted to contest what she did (changing the documents), you would have medical testimony that she was competent to make the changes. Be sure she also has a new Will naming you as Executor, and that it not make any significant changes from her current Will, if she has one.

Re: Who has legal liability?

Since she now resides with you in Conn. I suggest you speak with an attorney in Conn. Court intervention may provide a solution.