Legal Question in Elder Law in Louisiana

I am the daughter and caregiver of my 83 year old dad. Have been for the past year. I've lived with him all this time. Recently my evil brother and alleged jealous controlling half sister filed a false report with Sheriff and another one with Adult Protective Services charging me with abuse and neglect of my father. They even manipulated a couple of extended family members to get involved. The results of these house visits is that sheriff found nothing wrong, dad praised my care of him. Social worker didn't find anything wrong. These two want to railroad us out of the family home so they can start making money off it. Dad has a will that gives an undivided shares of his estate for me and my four brothers, nothing for the half-sister. She is jealous and bitter and hellbent on getting a share. What legal steps can I take to protect my dad from these vicious predators? My dad is well enough to live in his own home and this is what he wants. He has a serious heart condition, but it's just being managed, not treated because his heart has suffered extensive damage. He still gets around extremely well, though and is happy and pretty healthy considering. My dad wants me to live with him in his house and I want to continue to live there, too. Can he or I sue them for harassment or fraud? Should we file a restraining order? The brother involved demanded his inheritance in a lump sum two years ago and got it. He sold his inheritance. How can I stop his troublesome meddling?


Asked on 8/01/11, 11:48 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

There isn't a whole lot you can do unless your brother actually breaks the law. If he starts stalking, harrassing, or otherwise crosses the line, file the restraining order.

Any info that Adult Protective Services produces is confidential, but if brother files another comolaint, APS will know that he filed a bogus report in the past.

Have your father do a power of attorney in your favor, and protect the will. I have heard of them getting "lost."

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Answered on 8/01/11, 12:24 pm


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