Legal Question in Elder Law in New York

My 55 year old brother is a severe alcoholic, he will not leave my mothers (80 yoa) home. He is verbally, emotionally abusing her daily, steals from her, gets violent and breaks things in her house, threatens people that come to the house, isolates her. Police came and she asked them to remove him that he is harassing her, I got on the phone and told them he is intimidating her, putting his hands on her and they must remove him, but they didn't take him out.


Asked on 8/15/14, 3:09 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Mom will probably need to start an eviction proceeding and sue your brother for damages. You might also consider filing an Article 81 (guardianship) petition and mom will voluntarily consent to having a guardian appointed and the court will take action to protect your mother will all deliberate speed.

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Answered on 8/15/14, 5:46 pm


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