Justice H. Patrick Leis, III sitting in the Supreme Court Part in Suffolk County recently denied an application for a son to be appointed the guardian of his mother. The son alleged that there was a power of attorney naming the daughter as the attorney in fact. Large sums of the mothers money were being spent. He claimed his sisters were taking advantage of his mother and they were allowing her to enter into agreements which were not in her best interest. He claimed the sister’s failure to utilize the power of attorney to take control of his mother’s assets, even though his mother was in declining health, was a violation of a fiduciary duty and she was not in compliance with the responsibilities under the power of attorney.
Arguments Insufficient
Judge Leis did not find the son’s arguments compelling. He did find the mother had executed advance directives and the daughter had been named the power of attorney. But he found the son was seeking to create a new duty which didn’t exist under New York State law for someone who was named as power of attorney. Although there was evidence the mother did have short term memory lapses, he found she understood how her money was being spent. He also found she had consulted with her daughter and her lawyer before making large financial decisions. The son’s petition was therefore denied and no guardian was appointed for the mother.
