Legal Question in Wills and Trusts in New York

What if Power of Attorney no longer wishes to be and the person who signed over Power of Attorney has alzheimers


Asked on 7/29/09, 9:02 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

The POA is invalid and the ward needs a Guardian appointed.

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Answered on 8/03/09, 10:12 pm
Michael Markowitz Michael A. Markowitz, PC

A person who is given the power may elect to not use the power.

Mr. Slater is correct. In New York you would have to file an Article 81 proceeding to have a guardian appointed for the incapacitated person.

Mike.

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Answered on 8/04/09, 8:31 am


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