Legal Question in Wills and Trusts in New York

Re: POA - Unable to sign

Can he in any way indicate his approval to her appointment (like communicate verbally)? If so, her can authorize her, in front of witnesses and a notary, to sign on his behalf. Then have the document witnessed and notarized. Alternatively, you may have to go to Court to get her appointed as his Legal Guardian, with all rights you need. This will require medical affidavits and a formal court procedure, so I suggest contacting a local attorney familar with guardianships.

Re: POA - Unable to sign

These things are very difficult; but worthwhile in support of a loved one.

I am describing 2 options, so please read both. They are very different.

(1) If the principle is not 'incapacitated' and able to understand what he is agreeing to:

The agreement of the 'principal' may not be as difficult to secure as you believe. A notary public can come to your home for a fee or you can go to the courthouse or a local bank to have his signature 'notarized'.

A signiature is ANYTHING the writer wants to be HIS SIGNATURE. So an 'x' can be a signature.

The notary will only confirm that it is the principle's signature.

(2) If the principle is 'incapacitated' and not able to understand what he is agreeing to:

Then you must have him declared an 'incapacitated person' and have a 'trustee' appointed.

A trustee can be any person. Common candidates are: loved ones (son/daughter/spouse/family friend), a lawyer, a social worker. I recommend a responsible loved one. Who else will make him the #1 priority at all times? Lawyers get in

A petition is made before the court and, if the forms are properly filled out and there is some medical documentation (a diagnosis letter from an attending physician), the petitions are ussually approved.

The Bar association in NYC has a program where seminars are given in how to apply and perform as such an article 90 trustee. Since the Bar association's main office is at 1 Elk St, in Albany (very close to you at that zip code) they may have a seminar for you there.

If you are more comfortable having an attorney draft the documents, my fee would be 500 dollars for all of the documents; motion, affirmation, notice, and osc. You would be responsible for nominating a candidate for trustee, securing the medical documentation, and alerting all relatives and VERY CLOSE FRIENDS that I will be contacting them.