Matter of S.N.C. also known as S.N.G. An Alleged Incapacitated Person v Michael Goldman

Holding The Appellate Division affirmed the revocation of a power of attorney because the agents breached their fiduciary duties by paying themselves without proper documentation and mismanaging the incapacitated person’s accounts. The court rejected the argument that the power of attorney remained valid solely because the principal was competent when it was executed, citing statutory language to the contrary.

The court’s words

The record supports the court's finding that the Goldmans breached their fiduciary duties to the AIP by paying themselves out of her accounts based only on her alleged verbal authorization and without providing invoices, charging her for legal services when they provided only personal services such as visits, and mismanaging her accounts.

2026 NY Slip Op 06004, at the official text

We reject Michael Goldman's assertion that the power of attorney, which the AIP executed at a time when the she was competent, remains in effect unless he or Tracie Goldman become incapacitated.

2026 NY Slip Op 06004, at the official text