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Bashian P.C. 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 P.C.., 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 P.C.., is proud to have protected our client and his family.

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