Brooklyn, NY asked in Banking and Estate Planning for New York

Q: My neighbor of 65 year,now 92,has no family and wants to leave everything to me and my 2 brothers (can she?.she

She appointed me executor made the will naming is 3,and now gave me durable power of attorny. To arrange to pay for homecare so she can remain in her home she's homebound and doesn't know how to do make those arrange ment,forget and loses her id,check regularly is why she asked me to discuss this for her .

The bank complain that her signature now isn't the same as the one on file from 58 years ago but they do recognize it as being hers as did the notery and witnesses.

So can we brew beneficiaries and how can wet get the bank to honor the durable power of attorny documents all properly done?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on the bank. A lawyer and bank might do a home visit to confirm the power is really desired. Work with a lawyer to set everything up.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: This is definitely possible with the right documents and preparation. When I'm advising new client's in basic wills and trust matters I usually recommend a complete package of a Will, Health Care Proxy, Living Will, and Power of Attorney. Witnesses to should be disinterested parties (i.e. not beneficiaries under the will), if there is a question of your neighbors mental capacity that opens up a host of other issues. Feel free to reach out to me privately via email if you wish to discuss this further.

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