What to do if I have a step-grandmother that is 100 years old, incompetent and is being taken advantage of by the hired help?

I have been her power of attorney and executer for a number of years. The hired help who take care of her have taken over these tasks and have recently changed the locks on her house so I cannot even see her.

Asked on November 21, 2013 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have the power of attorney, the "hired help" cannot legally exclude you if you have a broad-based POA; if you have  broad POA, you most likely can also fire these people if you like. You are advised to speak with an elder law attorney who can review the POA with you to determine your exact rights and power, and also advise you as to how to handle your grandmother seeming to be taken advantage of--it may be that a lawsuit, or even criminal charges, against these people is appropriate.


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