Q: My sister and I are co power of attorneys in NYS. Can she unilaterally change the attorney representing my father?
She has tried to get me to sign a new POA where she can work alone. My original POA is missing. I believe it was in the bedroom I was staying at when I was caring for my parents. I believe my sister and /or brother in law took my original signed copy. They tried to have me sign a new POA where my sister could work independently of me. When I asked for the online banking access, they gave me a non working password so I couldn’t access. There were two rings, turn of the century one with two 2plus carat diamonds and smaller diamonds and the other with one 2 carat diamond stolen and when I went to Florida where they were last seen, they had not made a police report and it had been four months. It’s sad to me. She had a mental health break down, shock therapy…he was drinking…I would never steal from her, and I didn’t try to steal POA from her when she was incapacitated.
A:
In New York State, if you are co-agents on a power of attorney, neither of you can unilaterally change the attorney representing your father without the other's consent if the power of attorney requires joint action.
The terms of the power of attorney document itself are crucial in determining whether actions must be joint or if they can be separate. If your original POA document is missing and you suspect wrongdoing, you may want to consider taking legal action to protect your father’s interests and potentially recover the missing document.
Additionally, if you believe that there has been misappropriation of property or other wrongful actions, it might be appropriate to involve law enforcement. Given the complexity and seriousness of the situation, it would be wise to seek legal counsel to ensure that your rights, as well as your father’s interests, are fully protected.
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