Legal Question in Elder Law in New York

Re: Powers of Attorney

A power of attorney is a legal document which must

be signed in proper form and notarized and verified

etc. It may be filed in the County Clerk's Office

but this is not necessary unless real property is

being affected. While not a difficult task to

prepare, it still should be done by an attorney

You can have more than one, but it is not recomended

There are no standards of conduct relative to a

Power of Attorney

Having a Power of Attorney is better than having

a need to have a Guardian appointed when one

loses competency because that is the most expensive

proceeding

The family has nothing whatsoever to do with who

a person gives a power of attorney to

They could get involved in a formal Guardianship

petition.

Hire a lawyer who knows this stuff

Re: Powers of Attorney

If your brother has a power of attorney, your mother would have had to execute a document. If she says she did not sign any such document, then he has no power of attorney.

Also, ask him to produce the original power of attorney. If he cannot, he never had it.

He may simply be trying to take control. Confront him about it, and if he will not produce paperwork, he probably doesn't actually have the power of attorney.