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  1. #1
    Join Date
    Nov 2013
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    9

    Default Can You Get Power of Attorney For Somebody Without Their Consent

    My question involves a power of attorney in the state of: NY

    My question involves a power of attorney in the state of: NY

    Hi, my name is Lonnie and I have some questions and concerns. Please bare with me as my situation may be a little long.

    My grandmother is 86 years old and she lives alone. She's also a hoarder and her house is a nightmare. About two weeks ago, she fell down the stairs. She was in the hospital for a week and she's now in a Nursing home/Rehab for 4-6 weeks for rehabilitation for her legs because there week due to knee problems. I just visited with her yesterday (I live in Pennsylvania and she lives in New York) and we had a meeting with the Social Worker. The Social Worker asked her a bunch of questions and at the end of the questions the Social Worker said that my grandmother still has ALL of her faculties. Currently, my mother and other family are cleaning up her house in case she goes back home. My mother is doing some sneaky stuff behind my grandmother's back. She's been seeing Lawyers and stuff like that. My mother told me that she wanted to get Power of Attorney for my grandmother and I think that's what she's working on. My grandmother has a large amount of money saved and she also has a house that's all paid for. Well, my mother wants it! She even told me so. Last week she told me that she wants to clear out her entire checking account and put her into a living facility like assisted living but not a nursing home because the nursing home will take the house and all of her money and my mother wants it. My grandmother is angry with my mother and knows what she's up to and doesn't want her to get ANYTHING. My mother also tried to get my grandmother to make her her healthcare proxy but my garndmother didn't and instead made me her healthcare proxy because I'm the only one she can trust (her words). The lawyer that my mother has been going to for advice apparently told my mother she needed 3 Doctors to evaluate my grandmother and diagnose her mentally unstable. I'm not sure why he told her to do this but she's doing it because so far 1 of my grandmother's Doctors have been in to see her. My question is, can they diagnose her mentally unstable AFTER the Social Worker said she is mentally stable and has all of her faculties? and can my mother get Power Of Attorney without my grandmother giving it to her even if she wasn't mentally stable (she is though). This is such a terrible situation I'm going through and I'm the only one that is not out for her money and I feel like there's nothing I can do to stop my mother from doing all of this.

    Thank you for taking the time to read my story.
    Lonnie

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Can My Mother Get Power of Attorney for My Grandmother Without Her Consent

    It's highly doubtful that a social worker can actually diagnose someone - and even more doubtful over the space of a single visit.

    If the court received the recommendations of her physicians - and not a social worker who likely has as much medicolegal knowledge as your next-door neighbor - the court is likely to go with their diagnosis and act accordingly.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Can My Mother Get Power of Attorney for My Grandmother Without Her Consent

    You can't get POA without consent. It makes no sense. If you need to assert control over a incapacitated person, you need a guardianship.

  4. #4
    Join Date
    Nov 2013
    Posts
    9

    Default Re: Can My Mother Get Power of Attorney for My Grandmother Without Her Consent

    Quote Quoting flyingron
    View Post
    You can't get POA without consent. It makes no sense. If you need to assert control over a incapacitated person, you need a guardianship.
    I have no idea what my Mother is up to but I know it's not good. What happens if she can get guardianship of my grandmother, can she get POA then?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can My Mother Get Power of Attorney for My Grandmother Without Her Consent

    You persist in misunderstanding. A power of attorney is something a person grants another person to act for them. You can't get it unless the person grants it. PERIOD. END OF STORY.

    A guardianship, allows you to act for someone who is incapacitated or otherwise incapable of tanking care of themselves. A guardianship will allow you to perform certain acts (you don't need a power of attorney).

  6. #6
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Can My Mother Get Power of Attorney for My Grandmother Without Her Consent

    Just to add...

    A court appoints a guardian.

    For an overview, do a search on: New York guardianship

    Among the items would be:

    http://www.nycourts.gov/courts/nyc/f...dianship.shtml

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