QUESTION
How can someone regain control over their life if a power of attorney wants to remain in control, just for the purposes of controlling?
Asked on Apr 02nd, 2014 on Litigation - New York
More details to this question:
My fiance had a massive stroke in New York. His mother gave Power of Attorney control to his brother, whom my fiance stated did not want his brother ever in that position if something was to happen. My fiance is defying all odds and is slowly regaining speech, but very much aware mentally what is going on. He is beyond frustration that his brother is making any decisions on his behalf. Speaking to his brother yesterday, he told me even when he speaks, he will not allow him to make decisions for himself because of my finances initial diagnosis. This man has wanted to control my fiances life for years, and because of that they were not even on speaking terms when his stroke happened. What can my fiance do to regain control over his own life as, his brother refuses to release the grip he finally got on him.
1 ANSWER
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First of all, there is a mistake somewhere either in your understanding of the situation or the way you are descrbing it. Mother could not execute a POA on behalf of her son, you can only execute a POA on your own behalf, not on the part of someone else. Someone could be appointed as a Guardian under the mental health law, even temporarily, and that trumps the POA.
Answered on Apr 04th, 2014 at 6:39 AM