Legal Question in Wills and Trusts in New York

Power of Attorney

My mother is 80, has dementia, but recently signed a new will, POA and Medical Proxy, with her lawyer and children present. The POA after some time, took out $20,000 and put it into 2 CD's in her children's names, without consulting the other four siblings. Can we transfer POA to the 2nd POA that we originally designated. Oldest sibling wants all power now, but was not designated the 2nd POA. Also, my mother wants to deed her house to my brother. Three children agree two do not. Can they fight this?


Asked on 1/22/03, 8:45 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Power of Attorney

The holder of the power of attorney is authorized to carry out the wishes of the signer of the power.

Self enrichment by the holder is always questionable.

Does the power authorize the giving of gifts, and if so, what are the terms?

The second appointee becomes authorized to act only if the first appoitee is unable or unwilling to act.

Incidentally, one might question Mom's ability to sign the documents, depending on the severity of her dementia.

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Answered on 1/22/03, 8:51 am
Walter LeVine Walter D. LeVine, Esq.

Re: Power of Attorney

This sounds like litigation is brewing and likely to burst. I suggest holding a family meeting and getting your mother's affairs in order, resulting in the selection of 2 siblings to be the POA, with approval of any asset transfers to be agreed by the entire family. It sounds like your mother is easily influenced and whichever child gets to her first will get the assets. Maybe her assets should be placed in a family trust specifying who gets what when she passes away and with 2-3 children as the trustees, acting unanimously.

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Answered on 1/22/03, 10:50 am


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