Legal Question in Elder Law in New York

My father has recently been diagnosed with Lewy Body Dementia, which has placed him in a very compromised situation. The eldest sibling has since taken full control of my father's care plan, while also instructing his home care agency, to never allow my sisters and me from getting any information from them, or to be given any information regarding my father's care, by his Home Attendants. She has instructed the Home Attendants to never phone my other sisters and me, for any reason, even if she is not reachable, including in the event of an emergency. My father has since, been admitted on four separate occasions, to the hospital emergency, where I, after being informed by the hospital, have been the one to attend to my father and bring him home. I have been most consistent in visiting my father 3-4 days per week, consistently, and have always been proactive in finding the best natural remedies for my father, and have found a Neurologist, who, I feel, would be better suited to care for my Dad as his mental faculties become more compromised. The eldest sibling, however, has utilized a POA from 2015, which she obtained without my father's full consent, as he is visually impaired and was not aware of what he was signing; a fact which he relayed to me in a phone conversation, which I made note of in October of that year and is consistent with the date of the POA, which I have, recently seen. My father granted me DPOA in 2017, when his eldest brother passed away and he wanted for me to act on his behalf, in Puerto Rico, where his brother left a house, which my father inherited, as his only living relative. I have never utilized the DPOA, as I was never financially able to travel to Puerto Rico or obtain a Lawyer, to settle my father's estate. I only currently have a copy of the DPOA and not the original.

What rights do my other sisters and I have in ensuring my father's well being, even while being kept in the dark about everything in reference to my father's care, by the eldest sibling, who was estranged from my father for over 20 years, until very recently, when my father's eldest brother passed away. She has put my father's bank account in her name -- an account which was put in Trust under one of my other sister's names.

My father's Home Care Agency has instructed the HHA's, not to discuss my father's care with my sisters and me and we have been disallowed from getting the contact information for his Social Worker, Nurse or Case Manager and have been prevented from knowing the dates and times for our Dad's medical appointments, even though we were previously always phoned with reminders in reference to planned doctor's appts.

My other sisters and I are very concerned for our Dad's well being and his financial stability, believing that our eldest sibling has secretly tapped into our deceased Uncle's assets. I was made aware that my father's deceased brother left sizeable bank accounts with his estate, which I was never able to assist my father in settling, due to the costs involved, as my father paid a Lawyer who, subsequently, disappeared, without completing the Declaration of Inheritance (a necessary process in Puerto Rico, to settle an estate).

What can I do now, to protect my father and my other sisters and me, as we navigate this very difficult situation. My father may have many years of life left but, I want to ensure that, whether he has years or months of life left, he live in peace and with a substantial quality of life.

Thank you.

Asked on 8/18/19, 7:43 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

See an elder law attorney and consider filing a Petition for Guardianship.

Read more
Answered on 8/18/19, 10:46 am

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