Bronx, NY asked in Elder Law and Health Care Law for New York

Q: How can I get help to obtain Power of Attorney for my Mom that is currently in and out of a nursing home and hospital?

My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.

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2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal decisions.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your mother's ordeal. If she is mentally lucid, power of attorney forms can be relatively straightforward to execute, depending on the scope of activities/transactions. The guardianship process is more complex and lengthy, involving a court-appointed evaluator. Good luck

Tim Akpinar

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