Legal Question in Elder Law in New York

Undue influence on elderly father to gain monetary gain

after mom died younger brother took dad under his control and wont allow me to speak with him he convinced dad which i took care of for 55 yrs that i was an evil person and that since i had a daughter in a wheelchair with ms and her autistic son that i took care of and husband that stroked out that i wont be able to give him as muchattention as he can and if he talked tome again he would not care for him took dad to lawyers 3 days after mom was buried and made a will leaving everything to him. dad cries when i go tohis home and says he loves me but cant see how i could take care of him, visit, cook etc so he cant speak to me. he has snuck me in and i have spent time with him but this last may my bro suspected and locked all the back doors so i couldnt leave to catch me it upset my dad so much that i dont go there now he is convinced by my brother that i am not a good person and he shouldnt talk to me. bro had nothing to do with then for the last 10 years but the day she died he went in for the money. i have told bro i dont want the money and just want to spend my dads last days with him i am 61 dad is 82 no dementia just fright and bro is 54. it is wrong to intimidate my dad and keep us apart but what can i do dad lives alone

Asked on 9/13/08, 5:44 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: Undue influence on elderly father to gain monetary gain

Call your county Department of Social Services and ask for the elder abuse hotline.

You may have to file an Order to Show Cause and Petition under Article 81 of the Mental Hygiene Law and ask the court to appoint a Guardian for dad if you can't get help from DSS.

Good luck.

Rick Bryan

New York, NY

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Answered on 9/14/08, 2:27 am

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