Legal Question in Wills and Trusts in New York
Power of Attorney - Incapacitated relative
My grandfather recently had a stroke and has been in intensive care for the past 2 weeks. He can no longer talk and has a difficult time even moving his hands. My mother (his daughter) would like to get a power of attorney to handle his bills, medical decisions, ect. Would this be possible if he could not sign a Power of Attorney form or are there any other options? There are no other close relatives or anyone who would contest this.
2 Answers from Attorneys
Re: Power of Attorney - Incapacitated relative
A power of attorney would not work with respect to the medical issues, for that you would need a health care proxy. You or your mother should contact an attorney ASAP.
Daniel Clement
212-279-6194
Re: Power of Attorney - Incapacitated relative
There are two documents that you are asking about: a power of attorney for business and legal decisions and a health care proxy for medical decisions. In order for your grandfather to sign these necessary documents, he needs to understand basically what these documents are about. He needs to know that he is giving your mother the right to handle his business, legal and health affairs. He does not need to be able to write his name. Someone else can sign for him and then witness his signature in the presence of a notary public. However, he does need some mental capacity to sign.
If he is mentally incapcitated, then your only option would be to institute a guardianship proceeding. This is a court proceeding where your mother would ask the court to appoint her as your grandfather's guardian so that she can handle his business and health matters.
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