Legal Question in Elder Law in New York

Patient who has Alzheimer's has wife as his power of attorney. She does not think she can handle matters and wants to give the power of attorney to her son. Can she transfer it? If so, how?

Asked on 10/16/17, 6:52 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Is the son on the Power of Attorney as Successor Agent? If not, you're out of luck: it can't be done without a court order. If the son is on the document as Successor Agent, then the wife is going to have to sign an Affidavit resigning as Agent so that the Successor can take over.

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Answered on 10/22/17, 2:47 pm

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