What is the name of your state? New York
My mother recently passed away. To the best of my knowledge, she had no will.
In December of 2005 she re-assigned Power of Attorney to a non-family member, formerly my brother's wife. In fact, the agent obtained POA and divorced my brother in the same month. Prior to this my sister had the POA.
I'm quite sure that my mother was diagnosed with pre-Alzheimer's condition as well as having suffered from multiple strokes in the years prior to her death.
My sister (with medical proxy) and I have been prevented by hospital staff from accessing and copying relevant documents from my deceased mother's archived medical records that would indicate when she first was diagnosed as not being competent to carry out her own financial affairs.
I've tried to communicate with the so- called "agent" and have gotten absolutely no response. The POA recently moved and hasn't informed me of her new address.
I've got a telephone number and an email address only. And it's probably on a matter of time before those are no longer valid.
The POA and my brother removed my mother from an assisted living accommodations, set up by my sister and myself, and didn't notify either my sister and/or myself for a period of 2 1/2 months. We completely lost track of my mother's whereabouts until we were notified in early February that she had been admitted to the intensive care unit. She passed away after 2 weeks of hospitalization.
I requested a copy the POA document and an Attestation of Mental Competency. I'm still waiting. There was no response. Does this person have obligations or accountability toward myself (eldest son) and my sister (next eldest daughter)?
I suspect POA fiduciary abuse and perhaps other wrongdoing, but have no proof at the present time.
The pattern of deception, subterfuge, and obfuscation speaks for itself, in my estimation.
So my question involves the legality of the present POA and what my sister and I can do to challenge it.
Can you offer advice on how to proceed?
Thank you
mr.bobby
My mother recently passed away. To the best of my knowledge, she had no will.
In December of 2005 she re-assigned Power of Attorney to a non-family member, formerly my brother's wife. In fact, the agent obtained POA and divorced my brother in the same month. Prior to this my sister had the POA.
I'm quite sure that my mother was diagnosed with pre-Alzheimer's condition as well as having suffered from multiple strokes in the years prior to her death.
My sister (with medical proxy) and I have been prevented by hospital staff from accessing and copying relevant documents from my deceased mother's archived medical records that would indicate when she first was diagnosed as not being competent to carry out her own financial affairs.
I've tried to communicate with the so- called "agent" and have gotten absolutely no response. The POA recently moved and hasn't informed me of her new address.
I've got a telephone number and an email address only. And it's probably on a matter of time before those are no longer valid.
The POA and my brother removed my mother from an assisted living accommodations, set up by my sister and myself, and didn't notify either my sister and/or myself for a period of 2 1/2 months. We completely lost track of my mother's whereabouts until we were notified in early February that she had been admitted to the intensive care unit. She passed away after 2 weeks of hospitalization.
I requested a copy the POA document and an Attestation of Mental Competency. I'm still waiting. There was no response. Does this person have obligations or accountability toward myself (eldest son) and my sister (next eldest daughter)?
I suspect POA fiduciary abuse and perhaps other wrongdoing, but have no proof at the present time.
The pattern of deception, subterfuge, and obfuscation speaks for itself, in my estimation.
So my question involves the legality of the present POA and what my sister and I can do to challenge it.
Can you offer advice on how to proceed?
Thank you
mr.bobby
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