Contested Powers of Attorney in New York
Trust vs Wills * Removal of a Trustee * Guardianship * Probate * Beneficiary Rights
Medicaid Asset Protection * Probate Litigation * Estate Litigation * Living Trusts
In Home Care * Supplemental Needs Trusts * Fraudulent Transfers
A power of attorney is a document that grants legal authority from one party to another party (called agent). By executing a power of attorney document, an individual can give the agent the authority to make legal, financial and tax decisions on his or her behalf. These decisions can also involve money management, health and real property matters. The execution of a power of attorney, while often essential and useful, can carry risks. A power of attorney in the wrong hands can be abused through self-dealing, embezzlement and other mishandling of real assets and liquid funds. If you are challenged or you are challenging the validity or abuse of a power of attorney or durable power of attorney then you need the help of our New York elder law and estate law, litigation attorneys. Make an appointment today with one of the estate planning attorneys and elder law attorneys at the law offices of Castiglia-Rubinstein & Associates to discuss your legal options and your legal rights over the person in question estate and affairs. Work with one of New York’s top reputable estate planning law firms to make sure that the estate was structured correctly and that the proper beneficiaries will receive the real estate assets and liquid funds that your family member has passed down. Bring in your estate documents, living trust or your will for a free estate plan review. The attorneys at Castiglia-Rubinstein & Associates are not only trained in handling simple estate administration, power of attorney or durable power of attorney disputes and, power of attorney litigation or durable power of attorney litigation will and probate administration matters. We take care of complex contested power of attorney litigation, will litigation and living trust estate litigation, and general POA litigation or DPOA litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.
Call 1-800-960-1529 today.
Contesting a Power of Attorney in New York
When you suspect that there has been abuse of a power of attorney (POA), it is vital that your matter is addressed by a skilled New York elder law and estate law litigation lawyer from the law offices of Castiglia-Rubinstein & Associates.
As the health and financial security of the individual can be seriously compromised when the power of attorney is misused, it is critical that legal action is undertaken immediately if there is any wrongdoing or illegal activity taking place. We have litigated such abuse on the grounds of undue influence, incompetence, irregularities found during the execution of the power of attorney, and the abuse of authority granted in the power of attorney.
If you require assistance in a matter that involves the abuse of a power of attorney or the mishandling of an estate, and you would like to contest a power of attorney or contest a durable power of attorney or you are the agent that needs to be defended in a contested power of attorney or contested durable power of attorney case please contact the New York estate litigation lawyers at Castiglia Rubinstein and Associates today.
Call 1-800-960-1529 today.
Challenges to Powers of Attorney
An individual with a power of attorney (POA) or a durable power of attorney (DPOA) has the legal right to make many important decisions. He or she can pay bills and answer questions regarding serious medical and financial circumstances for another person. Other parties may dispute this power of attorney if they feel it is being misused or has been improperly obtained. People who are involved, or may become involved, in disputes over powers of attorney should take the time to learn more about their legal rights for an elder law an estate law lawyer.
Most contested powers of attorney matters involve financial powers of attorney, which give an individual the fiduciary responsibility to make decisions about finances during the lifetime of the individual granting the power. Whether you have been given financial powers of attorney and want to protect that right or you want to challenge the rights of the current individual with powers of attorney, our lawyers can help you resolve these legal issues efficiently.
If you believe that the person who executed the power of attorney or a trustee that currently holds the power of attorney or durable power of attorney may be challenged, then you need to take the following steps:
- Have a lawyer review your power of attorney to make sure that it was executed properly.
- Make certain that all of the signatures are valid and witnessed properly at the time of signing.
- Obtain a doctor’s statement attesting to the fact that the individual is of sound mind and capable of executing a power of attorney (or was of sound mind at the time of execution).
A person who believes that someone is holding a power of attorney needs to be removed should consider these grounds for removal:
- The suspicion of fraud or misappropriation of assets.
- Beneficiary changes to annuities, life insurance policies and bank accounts.
- Transfer of any real property or liquid assets (houses, land, stocks, bonds, brokerage accounts).
- Opening joint bank accounts.
- Mismanagement of assets and misappropriation of any funds.
When powers of attorney are granted for non-financial matters, including medical, Medicaid planning, and other long term care directives, other issues may arise that may lead to removal of the fiduciary, including the failure to permit visitors, abuse and mistreatment, and relocating the individual to a care facility or some other home against his or her wishes. People who suspect that a person holding a loved one’s power of attorney may be abusing his or her position should contact one of our attorneys at The Law Offices of Castiglia- Rubinstein and Associates for a consultation to determine whether and how the person can be removed. Some of these issues can be eliminated or avoided by choosing the right attorney to provide the proper estate planning, and trust planning for you and your family.
We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island will and estate planning, living trust estate administration and or contested power of attorney and contested durable power of attorney litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan.
Speak with an elder lawyer today regarding a contest to a power of attorney
or a contest to a durable power of attorney.
Call 1-800-960-1529 today.
Get Help With Your Estate Plan Now be prepared for your loved ones with the proper estate plan. You should know you have certain legal rights and you must be very selective of the lawyer or law firm that you chose to represent you in your Contested Powers of Attorney lawsuit.
Have an attorney council you on the right decision for you.