Miles P. Zatkowsky’s Answers

Miles P. Zatkowsky

Rochester Elder Law Attorney.

Contributor Level 8
  1. A resident living in a Nursing Home long term has Dementia and the son who is POA & HCP is spending her money on himself

    Answered almost 4 years ago.

    1. Miles P. Zatkowsky
    2. Michael P. Robinson
    2 lawyer answers

    An agent has a "fiduciary" duty to the principal. Sounds like he breached that obligation and should be accountable. If the principal is incapable of demanding the return of her money inappropriately used by the agent, then a guardianship proceeding under Article 81 of the New York Mental Hygiene Law. Usually, the Court in the Article 81 will hold the agent responsible and demand an accounting. Typically, when we bring those cases, we also ask the court to revoke the poa. I suggest you...

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  2. My daughter is almost 23 now and under the provisions of Her Uncles LWT she was to receive installments of interest of his Trust

    Answered over 4 years ago.

    1. Miles P. Zatkowsky
    1 lawyer answer

    you need to get local counsel to review the trust document. generally, adopted children are treated the same as biological children. if the trustee has discretion then it is a question of whether the trustee is following the wishes of the decedent our abusing her power. see a local attorney who practices in surrogate's court

    3 people marked this answer as helpful

  3. My Mother was taken to an attorney last week with an intertrpretor To make sure my sister and I have equal powers and equal

    Answered over 4 years ago.

    1. Miles P. Zatkowsky
    1 lawyer answer

    Maybe there was miscommunication with the interpreter? Your mother should get exactly what she wants irrespective of how much she pays. If the lawyer suggests an approach different from your mother's wishes, the lawyer should explain clearly and simply her options and the benefit and consequences of each option. Miles Zatkowsky, Esq. Dutcher & Zatkowsky Elder Law Attorneys

    3 people marked this answer as helpful

  4. In Ny Nassau County,Ny is it fraud or forgery or sign someones checks w/ whole chk book an a false Power of attorney on Checks?

    Answered over 4 years ago.

    1. Miles P. Zatkowsky
    1 lawyer answer

    In New York, an agent can act on one's behalf if the principal authorized the agent by signing a valid Power-of-Attorney. If the POA is unvalid, then the "agent" has no authority. Even if the agent has valid authority, he or she is acting in a fiduciary capacity meaning that the money must be used at the principal's direction or in the principal's best interests. Also, the principal can give specific power on a bank account by notifying the bank that the agent has check signing authority....

    2 people marked this answer as helpful

  5. What is the difference between a power of attorney and a head of estate?

    Answered over 3 years ago.

    1. Miles P. Zatkowsky
    2. Matthew Bryant
    3. Rudolf J. Karvay
    3 lawyer answers

    A Power of Attorney is a document whereby a principal appoints an agent to act on her behalf. The power is only valid during the lifetime of the principal. That is where the esate and executor of the estate pick up. The executor is in charge of gathering the assets and paying the bills after one's death. Once all liabilities are paid the balance is paid to the beneficiaries. You should contact a local lawyer to help you probate your grandmother's estate.

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  6. MY MOTHER IN LAW HAD A PAPER DRAWN UP STATING THAT SHE AND I WILL MAKE MEDICAL DECISIONS FOR HER SON (I AM WIFE) IS THAT LEGAL?

    Answered almost 4 years ago.

    1. Miles P. Zatkowsky
    2. Michael S. Haber
    2 lawyer answers

    In New York, any adult can sign a Health Care Proxy, which must be signed in front of 2 disinterested witnesses. If your husband signed this properly, he could have named you and his mother as decision-makers for his health care decisions. However, in order for a health care agent to act, a doctor must first determine that the person lacks the ability to make his own health care decisions. Also, you need not accept the responsibility. Generally we do not recommend 2 people to be agents at...

    1 person marked this answer as helpful

  7. My uncle, who resides in NY state is currently in a coma. My father has a medical power of attorney, but not a general one.

    Answered over 4 years ago.

    1. Miles P. Zatkowsky
    2. Ellen A. Victor
    3. Cheryl Lynn Fratello
    3 lawyer answers

    I agree with Ellen Victor. Based upon the facts given, there is no legal authority to act for your uncle. A guardianship is a court proceeding whereby the Court appoints someone by Court Order to act on behalf of another and authorizes specific powers depending upon the situation. You need to hire an attorney in the immediate area to get more facts and, if appropriate, commence the proceeding. Miles Zatkowsky, Esq.

    1 person marked this answer as helpful

  8. How can we force a nursing home to follow the law without going to court?

    Answered almost 4 years ago.

    1. Michael P. Robinson
    2. Miles P. Zatkowsky
    3. Robert John Bello
    3 lawyer answers

    This is a very difficult situation. First, the POwer of Attorney does not give any authority to make health care decisions. The Health Care Proxy is the document in this case needed to make health care decisions for a third party. In order for the health care agent to have any authority, your mother's treating physician must first make a determination that your mother cannot make any health care decisions on her own and document that decision in the medical record. Only then does the...

  9. NY Joint bank accounts and a Successor Power of Attorney

    Answered almost 4 years ago.

    1. Miles P. Zatkowsky
    1 lawyer answer

    A joint account holder generally means either owner has complete access to the account. Beware, there are different types of accounts which give different levels of authority, Assuming the mother and daughter in law have a joint account with equal rights, the mother has a right to withdraw the entire balance. A Power of Attorney generally provides authority to stand in the shoes of the principal, but the specific authority depends completely on the powers granted in the POA. Assuming...

  10. A vehicle purchased with snt trust funds

    Answered almost 4 years ago.

    1. Miles P. Zatkowsky
    1 lawyer answer

    An accounting for a Supplemental Needs Trust requires current fair market value. For a motor vehicle, you should be able to easily lookup the current value on line by getting the "blue book" value. It is more difficult to value other items, such as a television, without an appraisal and you do not want to spend the money for an appraisal each year. I would compare the price paid with current cost of a similar model and discount used from there. Also, you can see what similar tvs sell for on...