New York Elder Law

[Kate11356]

What is the name of your state? New York

Thank you for taking the time to read this post. The situation I am researching is as follows:

An elderly parent has a stroke. There had been no Life Estate Planning done by the parent, who is a widow with 4 adult children. Athough the parent, for the most part is alert and aware, there are moments in which it is obvious he has difficulty with short term memory.


Two of the 4 children have been the primary care givers of the parent, up until the time the parent had the stroke. Please note that there were no serious health issue of the parent prior to the stroke.

The third child of the parent had made decisons, both medical as well as placement in a rehabilation facility without consenting with her siblings ( the other three children). Recently this same child obtained an attorney, in which she was advised ( and immediately did so) to have the parent sign a Durable Power of Attorney, as well as a Health Care Proxy, giving her sole authorization to act on behalf of the parent, again, without any consideration or knowledge to the other siblings.

In the eyes of the law, is this legal? Can one child take it upon him/herself to make decisions regarding a parent without any notification or consideration to the other children? If this is "illega", under what statue would this information be found.

As well, was it eithical for an attorney to assit and advise his client to conduct herself in this manner, including witnessing the signature of the parent, under these conditions?

Your immediate response is great appreciated!!

[BlondiePB]

Originally Posted by Kate11356

What is the name of your state? New York

Thank you for taking the time to read this post. The situation I am researching is as follows:

An elderly parent has a stroke. There had been no Life Estate Planning done by the parent, who is a widow with 4 adult children. Athough the parent, for the most part is alert and aware, there are moments in which it is obvious he has difficulty with short term memory.


Two of the 4 children have been the primary care givers of the parent, up until the time the parent had the stroke. Please note that there were no serious health issue of the parent prior to the stroke.

The third child of the parent had made decisons, both medical as well as placement in a rehabilation facility without consenting with her siblings ( the other three children). Recently this same child obtained an attorney, in which she was advised ( and immediately did so) to have the parent sign a Durable Power of Attorney, as well as a Health Care Proxy, giving her sole authorization to act on behalf of the parent, again, without any consideration or knowledge to the other siblings.

In the eyes of the law, is this legal? Can one child take it upon him/herself to make decisions regarding a parent without any notification or consideration to the other children? If this is "illega", under what statue would this information be found.

As well, was it eithical for an attorney to assit and advise his client to conduct herself in this manner, including witnessing the signature of the parent, under these conditions?

Your immediate response is great appreciated!!

Is this a homework assignment? Who are YOU in all this?

[freespeech]

Athough the parent, for the most part is alert and aware,

Sounds like he had the ability to make decisions. So I ask how much is the estate worth that you all are waiting to divide?

You can hire a lawyer and contest this move in court which of course will cost money and you will have to have PROOF he was incapable of making such a decision.