Legal Question in Elder Law in New York

My brother is the power of attorney for my parents. They had a falling out and he refuses to send them copies of their will, insurance forms (which they signed over to him), DNR document, etc. They foolishly do not possess copies themselves. They are worried that he may amend documents or do something else malicious in nature. Is there legal recourse? Should they be worried?

Asked on 7/03/13, 4:21 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Your parents can re-execute a power of attorney and a Will and make any desired changes. On a re-execution they can remove your brother as the attorney in fact on the POA. After he is removed they can send him a notice informing him that he is been removed as the attorney in fact in their POA. Insurance documents such as who is the beneficiary can be re-executed by contacting the respective insurance companies for the appropriate forms and procedures. All of the mentioned suggestions should be brought to an attorney for proper execution and legal guidance.

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Answered on 7/03/13, 4:54 am

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