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Elder law

Grandparents obtained a reverse mortgage on their house when they had a revocable trust in May 2015, then changed their trust to irrevocable in November 2015. Grandparents appointed their daughter trustee and power of attorney. They Quit Claim Deeded the house to their daughter as well. The reverse mortgage and changing their trust was done under undue influence from their daughter. My grandparents saw only $5000 out of the $200,000+ from the reverse mortgage payout and ever since

she was appointed trustee she has been collecting rent from tenants that rent a house on my grandparents' property. She has not accounted for the money. My grandmother died April 2016 and since then the electric, water, and gas bills go unpaid for several months, to the point where my grandfather has received shut off notices. The trust states property is not to be leased or rented out and that the trustee shall not manage the property and that she will have to hire professional management to manage the property. She also included her 3 daughters as successor trustees. I saw her physically, verbally, and emotionally abuse my grandfather. I tried to intervene and help my grandfather but the daughter has isolated my grandfather and has turned him against me. My grandfather also suffers from dementia. He filed a restraining order and filed a lawsuit to get his property back but did not attend the court hearings because he was scared to go to court and face his daughter. She was able to weasle her way back in his life and has total control of him. Also, the trust documents are all in English and my grandfather can barely speak english let alone read it. What can I do to help my grandfather? He is being abused and brainwashed by his daughter and she needs to be stopped. My grandfather is afraid for his life.

Asked in CA May 18, 2022
Tag: 

# 2,632

I am examining a 9 page POA which I suspect does not conform to the amendments to the New York Power of Attorney Law sections of the General Obligations Law.

The New York Legislature has passed amendments to the New York Power of Attorney Law, Sections 5-1501–5-1514 of the General Obligations Law, which became effective on September 13, 2010. I am examining a 9 page POA dated subsequent to that date.

The page on which the principal's signature appears, the page on which the agent's signature appears and the page on which the signatures of the 2 witnesses appear are 3 different pages and the notary public signature is present only on the very last page - the page on which the signatures of the 2 witnesses appear - and nowhere else in the entire document. The notary public is one of the 2 witnesses.

There is no date anywhere on the page on which the principal's signature appears.

1. Does the fact that neither of the 2 different pages - the one on which the principal's signature appears and the other page on which the agent's signature appears - is notarized render this POA statutorily invalid or is it enough to satisfy the requirements of the changes to New York's General Obligations Law that only the last page of a multi-page POA be notarized?

2. Does the absence of a either a date or a notary stamp anywhere on the page on which the principal's signature appears satisfy the requirements of the changes to New York's General Obligations Law or is this POA rendered statutorily invalid by the absence of each?

Asked in NY May 18, 2022
Tag: 

# 2,637

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