Legal Question in Wills and Trusts in New York

power of attorney - proxy

My sister has terminal cancer living in NY. Has appointed a person who has been falsely documented medically with a mental condition. The person has been defrauding the social security administration for years in receiving a monthly SSI check. Currently she and my sister share an apartment and split the rent. I am interested in filing for guardianship of my sister. My sister has been unduly influenced by this person to name this person beneficiary of her life insurance policy.The ''proxy'' has refused to provide medical information to any family members now that my sister is hospitalized. My sister has been on mind altering perscrption drugs for years and now is on at least 10 other medications as it relates to the cancer. When I speak with her she appears to act very irrational and wants to shut out the family. Her statement: ''I am in full control of my life and I am making the decisions''. We as family know that the ''proxy'' is in her ear 247. The ''proxy'' stands to benefit to the tune of $100K from the insurance. The ''proxy'' has no livihood but is 50 yrs.old in college. The Will, Living Will and Power of Attorney was done in early august 06, approximately a week after my sister was diagnosed. Does the family have any legal recourse


Asked on 10/06/06, 12:16 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: power of attorney - proxy

Sorry about your misfortune. To become a Guardian, which you are allowed if you are the closest living eligible relative, you will need to bring a suit and have medical documentation of her incapacity (usually requires 2 reports from psychiatric people who have examined her). If you get appointed, you will also need to start suit against the person holding her POA, for an accounting of the assets involved, since taking on the job as POA. You should also have the Court declare the current POA and Health Directive terminated, with you assuming these positions. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship. Missing or incomplete facts could result in a different response.

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Answered on 10/06/06, 12:42 pm


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