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.

Attorney answers (3)

1. Licensed in NY

   

   Miles Zatkowsky

   Rochester Elder Law Attorney

   Contributor Level 8

   1

   Helpful vote

   Answered July 10, 2010 12:14. 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.

   • Law Firm of Dutcher & Zatkowsky

   • Mark as helpful
   • Flag
2. Licensed in NY

   

   Ellen A. Victor

   Garden City Power of Attorney Lawyer

   Contributor Level 12

   Answered July 10, 2010 06:58. Unfortunately, your only option may very well be for your father to seek guardianship over your uncle. There is a special guardianship that would apply to becoming guardian over the property. This is an expensive and difficult process and could be avoided if more people signed a proper power of attorney.
   
   Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

   • Victor Law Firm, P.C.

   • Mark as helpful
   • Flag
3. Licensed in NY

   

   Cheryl Fratello

   Woodbury Probate Attorney

   Contributor Level 9

   Answered July 10, 2010 11:08. You should contact an attorney that handles guardianship matters, such as an elder law attorney. An attorney should review the documents that are currently in place and review how your Uncle's assets are held. As indicated in the prior response, a guardianship proceeding may be required.

   • Mark as helpful
   • Flag