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.
1 Answer from Attorneys
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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