Legal Question in Elder Law in New York

MY GRANDMOTHER HAS DEMENTIA/SUNDOWN AND LIVES ALONE IN HER HOME IN NEW YORK QUEENS. SHE HAS ONE LIVING DAUGHTER AND SON...HER DAUGHTER LIVES 2 HOUSES DOWN FROM HER AND WAS TAKING CARE OF HER SUPPOSEDLY FOR THE PAST 2 YEARS AND RECENTLY HAD AN ARGUEMENT WITH GRANDMA AND GRANDMA SUPPOSEDLY HIT HER WITH A CANE. TODAY A NURSE/SOCIAL WORKER CALLED MY HOME HERE IN PENNSYLVANIA, I AM HER GRAND-DAUGHTER, AND SAID HE IS THERE TAKING CARE OF GRANDMA AND SHE IS REFUSING TO TAKE HER MEDS. WHEN ASKED HIM WHY ARE YOU CALLING ME HE SAID HE SPOKE TO THE DAUGHTER AND SHE HAD SAID TO HIM THAT SHE IS NO LONGER TAKING CARE OF HER AND GAVE MY NUMBER TO HIM, HE CONTINUED TO SAY THAT MY GRANDMA CANNOT TAKE CARE OF HERSELF ANY LONGER AND THAT IF NOTHING IS DONE BY THIS WEEK SHE WILL BE Taken to the nursing home by the state and they will seize her assests and file neglect complaints against me. is this possible and what steps do i take to handle this


Asked on 2/17/11, 1:34 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

You or your father or aunt need to step up and assist your grandmother in handling her affairs. If no one does, the state agencies will step in and appoint a guardian for your grandmother. Most likely, she will wind up in a nursing home and Medicaid can use any assets in her name to pay for her treatment and care.

If you or your family need to speak with an attorney in the area, you can contact my office by email. But you must have a conversation and reach some agreement with your family on who is going to take care of her if she is unable to take care of herself.

Regards,

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Answered on 2/17/11, 2:19 pm


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