Disputes that start during life
A power of attorney can give an agent broad authority, and concerns arise when the agent's spending benefits the agent or when gifts appear that the parent might not have wanted. New York law allows certain people to ask a court to require an agent to account for what they have done. Questions about a person's ability to manage their own affairs can lead to a guardianship proceeding, a serious step with real consequences for the person's independence. Property transferred during life, such as a house deeded to one child, can sometimes be challenged after death. These cases involve living people, so how they are handled matters as much as the legal theory.
Evidence, and the limits on gathering it
Bank statements showing transactions under a power of attorney are often the starting point, along with a copy of the power of attorney itself and any provisions that authorize gifts. Medical records and observations from caregivers can bear on capacity. Keep copies of what you obtain lawfully, and do not access accounts or devices without authorization, even with good intentions. If you are the agent, keep clear records of every transaction and the reason for it, because careful records are the strongest answer to an accusation. Avoid sending accusatory messages, which rarely help and can complicate later steps.
Matching the dispute to a proceeding
A first conversation sorts out whether the person at the center of the dispute is still living and able to participate, because that affects which court and which procedure fit. Sometimes a request for an accounting or a conversation between lawyers resolves concerns without litigation. In other situations, a guardianship petition or a challenge after death is the more appropriate route. We discuss what each path would involve, including its effect on family relationships and on the person whose planning is in question. Where that person is still alive, their wishes and dignity are part of every decision.
