Legal Question in Veterans Law in New York
My brother is an Iraqi War veteran who has PTSD as well as a long history of prescription drug abuse. My family has tried to speak with his doctors about his drug abuse but are unable to do so because he is an adult. He lives in my parents home in New York and its just a matter of time before something horrible happens. Is there any legal recourse that would allow my parents to become conservators (or something similar) so that they can take care of him? And if there is, how would we go about doing so?
1 Answer from Attorneys
Your parents can make an application to their county Surrogate's Court to have a guardian appointed pursuant to Article 81 of New York's Mental Hygiene Law. Once they make the application, the Court will appoint a Court Evaluator to investigate and report whether or not a guardian needs to be appointed.
Your brother, or his guardian, should also look into applying for Veterans' disability benefits, if the PTSD is service connected.
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