Legal Question in Wills and Trusts in New York
Power of Attorney
My mother in law lives in Queens, New York. Her only living relatives are her eight children and her one brother. She does not have a power of attorney designation. If something happens and she becomes unable to make her own decisions/pay bills, who has legal responsibility - her children, her brother or none of the above?
Asked on 9/10/08, 12:36 pm
1 Answer from Attorneys
Rudolf Karvay
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
Re: Power of Attorney
No one will have legal authority unless your mother-in-law executes a power of attorney naming someone to take care of her affairs. If she becomes incapacitated, a court proceeding maybe necessary to appoint a guardian to act on her behalf. It is far less costly to have a power of attorney drawn up.
Answered on 9/10/08, 12:49 pm