Legal Question in Elder Law in New York

Hi. is it possible to override the Power of Attorney ( financial and health care) my brother holds for our Mom?

She desperately needs a home health aide but he refuses to hire one. He thinks he can do it all himself and does not want to pay someone.

How can I take control of her money to pay for an aide.

Thank you for your time.

Asked on 4/13/21, 7:45 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Yes, with a guardianship proceeding in the Surrogate Court but you will not succeed if your mom is lucid; meaning, if she still has the capacity to make some decisions no matter how they may not be the best decision.

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Answered on 4/14/21, 4:50 am

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