Power of Attorney Passed to Step-Child.

My grandfather got remarried at 56. He is 85 now and cannot make decisions on his own, his wife has power of attorney over him. She (my stepgrandmother) is chosing her daughter (grandfathers stepdaughter) to be my grandfathers Power of Attorney, instead of his biological daughter. All assets would go to the step-family. He would not want this to happen. Is there anything we (his biological family) can do?

Asked on July 1, 2009 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am not admitted in North Carolina.  But in New York the family of an elderly person could bring an action under the Mental Hygiene Law to have a Conservator appointed.  Conservatorship is a proceeding in which a judge appoints a person or an organization to protect and manage the personal care, or finances, or both of someone who has been found by the judge to be unable to do so independently.  Here lies the problem:  he has someone already that has power of attorney (POA) to act on his behalf whom the law will see as a valid person to do so, his wife.  If she is passing on the right to be his POA to a non-blood relative maybe then she can apply to be his conservator and see what happens.  Go see an attorney who specializes in Guardianships and Conservatorships in your area.  You can look here at attorneypages.com.  Good luck. 


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