brother abusing elderly parents finances

My mother passed away a year ago. My father is 78 and has dementia. My sister and I, who both live out of state, agreed it would be best to leave Dad in his home in NY and our brother agreed to care for him there. My father's pension and social security amounts to $7500.00 a month. It was agreed that he would receive $3000 a month to care for him and the rest of the finances would go back into the trust that is to be split 3 ways when he passes away. My parents expenses while they were together amounted to $2000.00 a month. Their house is paid for. For the past year that our brother has cared for our father he has spent every penny of his monthtly income and will not send either one of us statements when asked. We feel he is abusing our father's finances and need to know how to stop his excess spending. He also took $25,000 out of the trust illegally and spent that also and feels he doesn't need to pay it back because he is taking care of our father. What can we do to prevent him from spending all our father's money. He won't even share when we are in need. I have a wife and 4 kids and would be willing to have dad come live with us. How do we go about getting custody of Dad when we have no extra money for an attorney

Elderly Conservertorship

I have conservertorship on my elderly aunt. Is'nt this the about the same thing as POA? If not what are the differences?

Sweetheart Scam

My 87 year old Uncle is caught in a textbook sweetheart scam. My father is his durable power of attorney. Long story short, my uncle agreed to having my father's name added to his brokerage account and on the deed to his home. My parents have known my uncle for over 65 years. They are relatives and the best of friends. My Uncle had been lying about the nature of his ''friendship'' with this young woman. She told him their friendship is nobody's business but theirs. She lives in another state and their friendship consists of two scheduled phone calls per week. She went to visit my uncle in New York last week, and we have reason to believe she took him to her attorney to change his will. She told him he didn't have to tell my Dad or his current attorney. She has now convinced him that she is the daughter he never had. He is so lonely and vulnerable that he will believe anything she says. She has written scathing e-mails to my Uncle in an attempt to alienate him from his family and true friends. But my Dad and Mom continue to help him because it's the right thing to do. Can my uncle prepare another will leaving her as beneficiary? Can we stop her from scamming him?

Elder Abuse

My mother is 86 years old. My brother has lived with my parents as he never worked. My father passed last year. My brother has abused my parents, but they allowed him to live there. He is now transferring all the land property into his name, my mother isn't in any mental shape to make decisons. My brother does not allow her to use the phone, have any contact with anyone and controls her in the rural area in which they live. I live in NYS, my Uncle found the documentation of transferred land under my brother's name. I contacted the Nat'l. Elder Abuse hotline a few years ago. They concluded that if my parents allowed my brother to live there, there wasn't anything they could do. My mother called me once and my brother took the phone away and hung it up. No one can communicate with her.

poa power

Hello,

is it possible for a POA to stop an estate

attorney from having documents signed

by someone whose mental state is in

question?

lawsuit against a doctor by another family member

My aunt is suing a doctor that

cared for my grandmother over two

years ago. My grandmother was

approximately 93 years old and

passed away. My aunt is making

the allegation a mistake by the

doctor and had my 93 old

grandmother had a serious surgery

she may have lived.

The question:

My mother and father both in their

70's want know part of the lawsuit.

My aunt has demanded that my

mother sign a letter from her

lawyer that if she succeeds in the

lawsuit my mother would not ask

for any part of compensation. She

has written my, I look after my

parents, that my mother and father

will incur legal costs unless she

signs this letter waiving her rights

to make a claim later. We have no

intention of making a claim nor do

we want any money. At the same

time it does not seem right to

waive my mother's rights based

the threat. Is my mother legally

obligated to sign a letter

renouncing her rights otherwise

she could incur legal costs from a

law suit we want no part in and do

not support. It seems frivilous, but

either way we don't want to sign

and do not want any part of it. I

hope you have enough information

to answer. Thanks,

social security diability and inhertance of parents home

I am on SSD and have had to move back home with my mother (my father just died). My mother would like to give me her home so that I have a place to live once she is gone. My question is can she do this if she at some point may need nursing home care without it counting as an asset for her?

compensation for care given

I have been taking care of my ventilator dependant mother most of the time I do have agency nurses coming in to allow me some down time. They are very expensive 45 an hour. My facility pays me 18. I have been compensating myself at 11. An attorney friend told me to have my siblings agree in writing. I

need an income and plan to go back to work less hours when my fam loa is up. My mother is getting better not worse. This leaves me with a deeper problem. What will happen to me when I exhaust her money and I have to apply for medicaid. This will happen in 9 mos or so. I will have all these personal checks written to myself for care. I have some nurse co-workers who I have been paying to help me out as well. She has 150,000 left. I have spent 70,000 so far. She would be cash at 850 a day in a vent nsg home. She came home at the end of April. Her ins does not cover nsg care. Her equip is a thou a month. Her recovery is nothing short of amazing.

How much can I give away before I go into nursing home?

I am in not in good health but still live at home . My question is,how much can I give away legally to reduce my assets in the event I have to go into a nursing home in the near future?

Conservatorship law

After what date was it made a REQUIREMENT that conservators must submit to the court a detailed ''residency plan'' or plan for the care of the conservatee?