coop won't let me pay my mother's maint? (foreclose, lease)

[Viralmd]

If your mother isn't able to take care of her bills, it might not be that easy to get a power of attorney. Because if she's not competent to manage her affairs she's not competent to sign for a power of attorney. You're going to need to consult with an attorney about how to do that.

[quelinda]

Originally Posted by Viralmd

If your mother isn't able to take care of her bills, it might not be that easy to get a power of attorney. Because if she's not competent to manage her affairs she's not competent to sign for a power of attorney. You're going to need to consult with an attorney about how to do that.

I am an attorney. Being incompetent to the point where you may not be able to appoint a power-of-attorney has nothing to do with your bank account or your ability to pay your bills. It has to do with mental competence. If your mom is ill, but still of sound mind, there is no issue with appointing you power-of-attorney. Again, it can be limited to just the co-op matter so she doesn't feel she's signing all of her decisional rights away.

[UpsonDowns]

You may want to transfer ownership or add yourself and/or your sister to your mother's deed/coo-op lease. My mother did this for her parents and has made life much easier.

[bill_leslie]

Without turning this into new-york-city/elder-care, my Mom did a new POA when she moved to New York in 2001 and did the New York health care version (a health care proxy?) with my older sister as the designated agent. We redid these from the North Carolina equivalents to cut down on any questions or issues anyone (bank, doctor, etc) in NY might have. The POA is supposed to work across state lines but we figured better safe than sorry and a NY document in NY beats a NC document in NY.

Since her stroke (2006) I wouldn’t be comfortable trying to get those done now. She handles her daily routine very well and keeps a wonderfully neat home but she’s easily confused by new things and has trouble walking. Her younger sister (my Aunt) lives in NYC and they help each other with day to day items, and either my sister or I visit every other week.

As a matter of routine I’ve been paying her regular monthly bills and anything that comes up (coop assessments and maintenance, unexpected medical, etc), except now, after 2 years, the coop is refusing to accept my check and insists that Mom pay them directly. We definitely have the legal instruments to get around this one way or the other. I was just upset that they suddenly changed the situation with no explanation and more than a little insinuation that something dodgy must be going on – what that might be they don’t seem to be inclined to share.

I initially asked about third party payments (me for Mom) just to see if anyone knew of a standard boiler plate reason why the coop would object to a third party paying the monthly maintenance. I spoke to the previous coop board president this evening and she didn’t know, but did forward me to the current president so maybe I’ll find out tomorrow.

The only things I can think of are either, they think it’s a sublet, they (or their lawyer) think that if I pay the maintenance I might make some sort of claim (eg: a tax lien foreclosure), or they just want it that way just because

Very interesting things these coops. I'm betting the eventual probate is going to be a blast </sarcasm>

[scatman]

All the reason why I didn't purchase a coop! Good luck, man! Seems like you have your answers on what to do!

Folk in this city have been arguing for coop reform for a minute. But the coop lobby is strong!

[Classicalguy]

I don't think the co-op documents are going to help you with this, and I would certainly not try to harass the board with unnecessary demands. A letter from the person with the power of atty explaining the situation, enclosing a copy of the power and authorizing you to pay the maintenance might work. Or ask what they want. Maybe payments from a trust checking account would be acceptable. Be nice - you don't need trouble from the board. If they get legal counsel involved, they will charge your mom.

[Fcruzie]

this is because by the co-op accepting your mother's maintenance from you; you are actually establishing tenancy rights; if for any reason you would have to keep the co-op they would not be able to kick you out because they have been accepting the payments from you therefore acknowleding that you reside there (if you choose to say you reside there). If anything was to happen and your mother could no longer reside at the co-op and they do not accept the maintenance from you (therefore not establishing any tenancy) they can kick you out. I would have my name put on the stock certificate.

[Viralmd]

The co-op has to approve him putting his name on the certificate, however. And they might not want to do that.

[Classicalguy]

I think Fcruzie is right about the co-op's concern. Easily solved by opening an account in your mother's name with you having signing authority, and you sending in the checks, or doing what I said about using the POA to authorize you to make payments on your mom's behalf. I'm sure this can be easily solved.

[vincejoseph1]

The power of attorney gives you authority to act on your mother's behalf while she is alive. Power of attorney terminates upon your mother's death. Do not trust the board or the management. There are too many horror stories. Be sure your mother does create a will or a revocable living trust and name you or your sister as the successor trustee(s). If your mom passes "intestate" leaving no will, NY State already has one for her. You will need to contact an estate/wills attorney immediately. Know that the process of transferring the apartment to you or your sister will take some time. The board/management can and may demand the monthly maintenance payment or they will move to foreclose. You stated that your sister has power of attorney. That does not give you any legal standing. The board can just choose to ignore you - though not your sister. Also, Your mother can request that the co-op add your name to the proprietary lease and to the stock certificate. She needs to have the request in writing and have it notorized. You can research the process for more info. Thanks.