Legal Question in Wills and Trusts in New York

My uncle is 70 years old and has become very ill. He has been placed in a nursing home and is not able to comprehend what is happening. His brother's wife has taken control of all of his assets and is trying to have him sign a power of attorney, I am concerned that mu uncle's best interests are not being served. He has another brother and sister but they do not seem to want to intervene. Do I as a nephew have any standing to be sure my uncle's interests are being handled properly. He has some savings and property


Asked on 2/21/14, 10:42 am

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

Any natural family member has the potential rights, ahead of a stranger to the family. His siblings would be at the top of the list, if he has no spouse or children, but they could defer to you. This might require that someone apply through the courts to be appointed his Guardian, which can be somewhat costly. This may also be required if you want to upset a POA he might give to his brother's wife. Are his assets large enough, considering the nursing home costs, to make this practical?

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Answered on 2/21/14, 11:15 am


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