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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35287
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in N.Carolina and my mom lives in assisted living in

Customer Question

Hi. I live in N.Carolina and my mom lives in assisted living in NY. She has mild cognitive difficulties. My sister has POA at the moment and is resisting allowing my mom to move to assisted living near me and her only grandchildren (my 3 daughters). It appears the asst. living here requires POA approval to expedite the move. My sister and I are not close and I agreed not to be involved or benefit from any inheritance. I also agreed to pay for the asst. living here. My sister still refuses. What are my legal recourses here? Can you recommend a NY attorney to pursue this? Sister has POA only. I checked with Supreme Court in Suffolk County, NY and no guardianship. Please advise.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: I am in NC. Mom is in NY. No filings at this time. Sister initially agreed to the move and changed mind.
JA: Has anything been filed or reported?
Customer: Not to date. Trying to resolve civilly. That looks unlikely.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is the overview.
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Your recourse to trump the POA is to file a formal petition for guardianship in the local Supreme court and be appointed her legal guardian. Then you would be in full control of her care and finances and could revoke sister's POA and move mother to where she would receive the best care.

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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

You would be looking for an elder law or family law attorney to assist.

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thanks

Barrister

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