Brooklyn, NY asked in Elder Law for New York

Q: Is a POA and Health Care Proxy enough to make decisions for someone who has been diagnosed with Alzheimer's?

I have an Aunt that is 83 years old that lives in NY. I live in Georgia. In 2013, when she was of sound mind, she had a NY attorney prepare a POA regarding all her finances, etc. and a Health Care Proxy. She signed and I signed.

Now she has been diagnosed with Alzheimer's. As such she DOES NOT see herself accurately. I am in NY now because she was put in hospital because she does NOT takes her medicines and as a result almost died from hyponatremia (low sodium in blood).

I am trying to arrange in home health care and she is NOT allowing it at all? I am not at all comfortable leaving her to live alone anymore as she has been doing. Also I have grave concern because she still has been driving up to the time she went in hospital. The doctors recommend NO DRIVING. Do I have the power to over-ride her wishes with these legal documents?

Related Topics:
1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to petition for Guardianship of her personal needs. The POA already gives you control of her property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.