More details to this question:
What would be the next step if a power of attorney was created years ago, notarized, but never filed in New York State, then a new one was created illegally a week or so ago by a sibling and notarized in Virginia. This new POA takes away all rights from the other half that was on the original which was once split 50/50. This was done illegally because the person needing the POA has dementia and was diagnosed over six years ago, therefore he/she in not competent to sign or agree to a new POA. Can this POA that was created and notarized in Virginia be filed in New York State, and should we have filed the original? How do we go about proving that he/she was not competent to sign this document? This is very obvious financial exploitation¿ thank you! -A very family member
1 ANSWER
Estate Planning Attorney serving Goshen, NY
Partner at
Blustein, Shapiro, Frank & Barone, LLP
3 Awards
Unfortunately, your only option may be to file for guardianship over the person who allegedly signed the new Power of Attorney. Alternatively, an action can be filed in a court of appropriate jurisdiction to declare the new POA null and void on the basis that the principal did not have requisite capacity to sign the instrument.
In the meantime, the older POA can be filed in any New York county if desired. Filing a POA, however, does not give the instrument any addtional legal authority, but does put any record searcher on notice that a POA is of record.
Any legal action that might be brought should be done in the state and county where the principal maintains their domicile.
Answered on Jan 25th, 2013 at 3:47 PM