Rochester, NY asked in Elder Law for New York

Q: My grandma has dementia but refuses to sign over power of attorney to me, her son. Can I petition a court to grant me

POA without her consent?

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1 Lawyer Answer
Stefan Dunkelgrun
Stefan Dunkelgrun
  • Estate Planning Lawyer
  • Grand Forks, ND
  • Licensed in New York

A: Yes, you absolutely can petition the court. It would be a guardianship hearing, and you will be required to prove that she is not capable of making her own decisions.

Keep in mind that the legal standard for capacity varies from state to state, and can be quite difficult to prove. The mere fact that she has dementia is not sufficient, you need to prove that she does not have sufficient understanding to make her own decisions.

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