${site.data.firmName}${SEMFirmNameAlt}
Call for a Consultation
(914) 290-4550 (888) 892-9072
Menu Contact

Bashian & Farber, LLP invalidates Power of Attorney, Health Care Proxy and Protects $1 Million in Assets of an Incapacitated Person

On June 4, 2014, New York State Supreme Court Judge Hon. Sharon A.M. Aarons entered a Decision on an Article 81 Proceeding commenced by Bashian & Farber, LLP., granting our client a complete victory. Our client, the son of an elderly man suffering from cognitive decline, was concerned that his father’s assets of over $1 million dollars were being improperly taken by his step-mother against the wishes of his father who had previously drafted estate planning documents with the intent of providing all of his assets for the care of his disabled daughter. The son was further concerned that his step-mother was not able to take care of his father’s personal or financial affairs and sought to have a Guardian appointed. During a four-day Hearing, attorneys Gary E. Bashian and James L. Hyer appeared for the son and we were successful in providing evidence that the client’s step-mother had in fact improperly transferred $1 million dollars of assets belonging to the father during a time period within which the father was incapacitated by utilizing a Power of Attorney. The Court invalidated the Power of Attorney and Health Care Proxy executed by the father holding, “The evidence at the Hearing establishes that the A.I.P. [Alleged Incapacitated Person] was incapacitated [and thus unfit to understand the importance of the documents when they were signed] and they are consequently void.” The Court then appointed, over the spouse of father, a neutral Guardian for the person and property of our client’s father, providing the appointed Guardian with instruction to take action to obtain the return of the assets of the father in order to utilize same for his care and to comply with his previously stated testamentary wishes that his disabled daughter be cared for with the funds from his estate.Bashian & Farber, LLP., is proud to have protected our client and his family.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Office Location

Bashian & Farber, LLP
235 Main Street
White Plains, NY 10601

Toll Free: 888-892-9072
Phone: 914-290-4550
Fax: (914) 946-5111
White Plains Law Office Map

Satellite Office:
552 Lake Avenue
Greenwich, CT 06830

Map & Directions

Review Us

Contact The Firm For An Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy