Legal Question in Elder Law in New York

POA making the wrong decisions for my mom

my 2 sisters are poa for my 87 year old mom. recently my mom was put in a home and not able to make any decisions because of dementcha. my sisters have put my moms house up for sale with out her knowing to pay for the nursing home. i found out that they are also removing items from the house with out telling 4 other siblings about anything. i approached my sisters and since then i believe that they are now having my mom sign away personal belongings against the other siblings. they are doing this with my mom that has demenctha. what are the rights and what can be done. it's not about the belongings but about the respect of the other siblings. do they have the right to do this as poa and can they have my mom sign papers at this time and if they do how can we prove that the papers are being signed at this time and not signed when my mom was ok. my mom is being lied to about the other siblings with false accusations that is not true. i do not understand why. my mom always asks to go home not knowing that her home is for sale. please let me know how to handle this. i do not want to start trouble and i do not want to involve my mom. i beleive my sisters are using the poa as a personal tool against the other siblings. please advise.


Asked on 3/09/09, 9:21 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: POA making the wrong decisions for my mom

Well if you're worried about "not starting trouble," forget it. No way are you going to get any resolution to your concerns without "starting trouble." Either forget about it, or commence an Article 81 proceeding to have the appoint a Guardian for mom. The Guardian may still be your two sisters, but they will be held more accountable for what they are doing. Even if the Guardianship is not successful, your sisters will be warned to act very carefully when it comes to using (or abusing) their Power of Attorney.

Good luck.

Rick Bryan

New York, NY

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Answered on 3/09/09, 5:28 pm


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