Buffalo, NY asked in Estate Planning and Elder Law for New York

Q: My sister does whatever she wants because she is POA yet my mother, who has dimentia, is still alive can I stop her?

My father was dying the beginning of this year and my sister started telling my parents she wasnt going to do anything for them anymore if they didn't sign their house over to her. My father had also told me she was spending thousands of his dollars while he was in rehab, $30,000 to be exact. My mother has dimentia and my sister got her signature on several papers and when asked my mother didn't even know what she had signed. My mother said it was to rent out the upstairs but she doesn't have an upstairs that is rentable. ( her frame of mind)

I called APS because my mother had said my sister had pushed her very hard and she has a bad back. They questioned my mother right in front of my sister. My mother was afraid to speak.

For months my mother has been upset that she doesnt know where her wedding ring is. My sister is telling people she lost it. However they have possession of it.

My sister has her money hidden. She is manipulating her and telling us we are out of the will. HELP

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2 Lawyer Answers
Inna Fershteyn
Inna Fershteyn
Answered
  • Estate Planning Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: The POA works unless it is revoked. However, if your sister is misusing it there are some actions you can take.

Is there a healthcare proxy as well? Feel free to contact me Monday and we can discuss.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 1123

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

7 users found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You can seek a guardianship. It is your only option.

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