Legal Question in Wills and Trusts in New York
what if there is no power of attorney? my mother is 90 and may not have one. I am will executor and have health care proxy. I have 2 younger siblings.
Asked on 8/26/10, 6:41 am
2 Answers from Attorneys
David Leon
David L. Leon, P.C.
If your mother is competent, she can sign a POA during a period of lucidity (get a doctor's note to prove she was competent on the day she signed.) If not, then you can go to probate court and ask for a guardianship.
Answered on 8/31/10, 8:08 am
Walter LeVine
Walter D. LeVine, Esq.
I agree with Dave, and suggest your siblings act as witnesses, so they cannot contest later on.
Answered on 9/02/10, 7:40 pm
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