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My sister obtained power of attorney and sold my fathers…

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My sister obtained power...

My sister obtained power of attorney and sold my fathers house and transferred the proceeds over to 2 banks accounts in her name making her sons the beneficiaries of one account and me the sister the beneficiary of the other.... my father had a Will leaving making all of his belongings to be split evenly between me and my sister. My father is still alive. She also obtained heath care proxy over my father. He has been recently diagnosed with cancer. He is not eating and she refuses to get him the proper care. She moved him to a 55 and over community and left him there with no bed, no TV and little food. Is what she done legal? What can I do to get him the proper care that he needs?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

New York

Lawyer's Assistant: What documents or supporting evidence do you have?

She cane me copies of one of the Bank statements that I was to beneficiary on, copies of the checks that were made out to my father for the sale of the house. When asked to see the power of attorney....she refused.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She also showed me the Statement of sale on the house. My father needs heath care help now and I don't know what to do?

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 hour by:
11/26/2017
Estate Lawyer: Jessica B,
 replied 7 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,652
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your issue. Please remember to rate my service at the end of this session. Thank you!

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Estate Lawyer: Jessica B,
 replied 7 months ago

First, is your father competent? Second, was your father competent when he executed the Powers of Attorney?

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Customer reply replied 7 months ago
No, he has damenticia.
Estate Lawyer: Jessica B,
 replied 7 months ago

Ok, for starters, if your father is incompetent, then the Powers of Attorney are invalid. You would need to petition the New York court to have your father deemed incompetent. Once he is deemed incompetent then a guardian will need to be appointed on his behalf. Your sister will no longer be able to make financial or health decisions on his behalf. Also if you feel she is committing elder abuse against your father you my report her to DFTA's Elderly Crime Victims Resource Center.

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Estate Lawyer: Jessica B,
 replied 7 months ago

You may also file a claim online through the Office of Victim Services.

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Estate Lawyer: Jessica B,
 replied 7 months ago

Unfortunately the only way to stop your sisters behavior and help your father is to go to court. The legal documents she has in her possession must be voided.

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Estate Lawyer: Jessica B,
 replied 7 months ago

You may contact the authorities immediately if you believe his health is in danger.

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Customer reply replied 7 months ago
Thank You....I just want to get him the help that he needs....he is not eating and needs help now! One other question, was it legal transferring my fathers money in her name so that he has nothing in his name for heath care support? I have limited funds to help him and now she holds all of his money....and all of the power in her name.
Estate Lawyer: Jessica B,
 replied 7 months ago

No. She was suppose to open a bank account in your father's name with her name on it as POA. All that does is make her the legal authority over the account but the funds remain in your father's name.

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