[NY] How can I challenge an acting power of attorney agent and seek appointment of a new one if I am not the principal?

NY Estate Planning

Richard

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I'm sorry to hear about the challenges you're facing. Let's break down the steps you can take to address the situation:

Document Everything - Start by gathering all relevant documents, including any communications with your sister, bank statements, and notices related to the foreclosure.
Consult an Attorney - Given the complexity of your case, it's crucial to consult with a New York attorney who specializes in elder law or estate planning.
File a Petition to Contest the POA - You may need to file a petition in court to contest your sister's authority as POA. (NY Gen Oblig L § 5-1510)
Address the Foreclosure - Work with your attorney to respond to the foreclosure notice.
Consider Guardianship - If your parent is no longer mentally competent, you might consider petitioning for guardianship. (NY Ment Hygiene L § 81.02)
Family Mediation - If possible, try to arrange a family meeting or mediation.

Please let me know if you have further questions.

New York Power of Attorney Revocation

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In New York I wish to contest the agent currently acting as POA for our elderly parent and request appointment of a new agent. A petition has to be filed however we cannot find a revocation form that is applicable when it's not the subject of the POA asking for revocation.

Lexi, Chatbot

I understand how challenging it can be to navigate the complexities of power of attorney issues. Have you already attempted to communicate your concerns with the current agent?

Yes.

Lexi, Chatbot

What specific reasons do you have for wanting to contest the current agent's authority?

The current agent has misused the authority.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance.

I understand you're dealing with a situation in New York where you wish to contest the current agent acting as POA for your elderly parent due to misuse of authority. Could you tell me more about any steps you've taken so far or any specific concerns you have?

Just a note - this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

I am 1 of 3 siblings and reside with elderly parent (89) who is subject of POA. We reside in NY. In 2025 I asked siblings for help as bills for the home were not being paid as she decided (mentally) she does not owe anyone anything. This would include electric/water/gas etc. The help was not financial help, it was help that we can access the bills directly and ensure they were being taken care of. The parent was the Corporate Administrator at a huge international law firm for decades and now has the illusion of being this great legal mind.

In October 2025 my sister who resides in NH and really has no knowledge or care of day to day was appointed temporary POA apparently. There was no conference or anything prior. Temporary over finances only.

Richard

Have there been any legal documents or communications exchanged regarding the appointment of your sister as the temporary POA?

She took over our parent's bank account where her social security goes and left no allowance or access to funds to feed her, her prescription co-pay or incidentals. I have had to take this on. I covered her food anyway for years.

Richard

Have you or your siblings taken any legal steps to address the situation with your sister's management of the finances? This could include contacting a lawyer or filing any petitions.

No bills have been paid and I did not have access to accounts for electric and gas.

Richard

Have you tried discussing these financial issues directly with your sister, or have there been any family meetings to address the situation?

I just gained access to stop gas and electric from being cut. I am more than capable of paying these things.

Richard

Based on your situation, there are several legal arguments and considerations in New York that could potentially support your case:

Power of Attorney (POA) Misuse: In New York, a POA is a legal document that grants someone the authority to act on behalf of another person. If the agent is misusing their authority, it can be grounds for contesting the POA. Misuse can include failing to act in the principal's best interest or mismanaging finances.
Revocation of POA: The principal, or someone acting on their behalf, can revoke a POA if the agent is not fulfilling their duties properly. This typically requires a formal process, and the principal must be mentally competent to make this decision.
Guardianship Proceedings: If the principal is no longer mentally competent, family members can petition the court for guardianship. This would allow someone else to make decisions on behalf of the principal, potentially replacing the current POA.
Fiduciary Duty: The agent under a POA has a fiduciary duty to act in the best interest of the principal. If this duty is breached, it can be a basis for legal action.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

The house is also in pre-foreclosure because our parent said she did not owe the bank. The POA (sister) claimed to have taken care of this and have receipts she does not produce. Last week we were served with court conference for judicial foreclosure 09 March.

Richard

I'm sorry to hear about the challenges you're facing. Let's break down the steps you can take to address the situation:

Document Everything - Start by gathering all relevant documents, including any communications with your sister, bank statements, and notices related to the foreclosure.
Consult an Attorney - Given the complexity of your case, it's crucial to consult with a New York attorney who specializes in elder law or estate planning.
File a Petition to Contest the POA - You may need to file a petition in court to contest your sister's authority as POA. (NY Gen Oblig L § 5-1510)
Address the Foreclosure - Work with your attorney to respond to the foreclosure notice.
Consider Guardianship - If your parent is no longer mentally competent, you might consider petitioning for guardianship. (NY Ment Hygiene L § 81.02)
Family Mediation - If possible, try to arrange a family meeting or mediation.

Please let me know if you have further questions.

Basically I want to file a petition to have my sister removed as temporary POA and my mom's granddaughter, who does not reside with her but does reside in NY and has a close relationship with her, as court appointed POA. The granddaughter is director at children services NYC so well suited to act as POA.

Richard

In New York, there isn't a specific form for contesting a POA when it's not the principal initiating the revocation. Instead, you would typically need to file a petition in the appropriate court, such as the Surrogate's Court or Supreme Court.

It's advisable to work with an attorney who can help draft the petition and ensure it includes all necessary details and legal arguments.

3. File a Petition to Contest the POA — this is what we can't find. Time is of the essence and unfortunately I just had to take care of all the other immediate expenses and keep funds in case foreclosure goes through, to move. No real attorney money without putting living at risk under the circumstances.

Richard

I understand the urgency and financial constraints you're facing. While it's always best to have legal representation, you can file a petition on your own. Here's a general approach:

Draft the Petition outlining misuse
Gather Evidence (financial records, notices, etc.)
File with the Court (Surrogate's or Supreme Court)
Serve Notice to interested parties
Prepare for Hearing

You might also consider legal aid organizations or law school clinics.

Thank you Richard. Looks like time to head to law library and hopefully my daughter's city attorneys can look it over in a timely manner. You have answered my question.

Richard

You're welcome! Heading to the law library sounds like a great plan, and having your daughter's city attorneys review it is a smart move. Best of luck with everything!

Thank you Richard.

Richard

No problem.

Richard

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