Legal Question in Elder Law in New York

my cousin was married to a man who recently passed away.she went insane and is now in a mental facility. he has no kids. he does have an ex-wife. can they both collect on his social security. alsohe has a will which she gets some of but she signed away her power of arrorney over him when he was sick. there are no other relatives but my sister and i. whats next?


Asked on 12/19/10, 4:33 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

I'm not sure what's going on here, but I'll take a shot. If your cousin's husband died, then the will controls who gets his belongings. If your cousin executed a durable power of attorney, then the power holder can assist her with collecting such belongings. If the powerholder is deceased, then the alternate powerholder can help. If there is none, then the power of attorney is void. In most cases, the ex-wife would not have a claim to the social security benefits of a deceased ex-spouse. (There can be an exceptions to the rule, but those usually involve children, and you mentioned there are none.)

As for what to do next, if the cousin has periods of lucidity, then have her execute a new durable power during a period of lucidity. If she's never lucid, then a guardianship may be in order.

Dave

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Answered on 12/25/10, 9:15 am


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