Legal Question in Elder Law in New York

I'm not sure this is the right area to post this question. My father (now age 70) got married to a woman 2 yrs ago. My sister and I feel that this woman only married him for his money. She is verbally abusive to him and basically "took over" all his finances. The last we knew, my sister and I were the beneficiaries in his will. We are almost certain that the new wife has had that changed by now. My father had a stroke last week with swelling of the brain. The new wife is just laying in wait right now. My father is an alcoholic who would do whatever he is told. Is this elder abuse? She is 65yrs old. Is there anything that can be done as far as a restraining order? We believe she was not giving him his meds since he had a TIA 3 weeks ago and feel she was trying to withhold the meds so he would die. Kind of like a black widow. He has paid off her mortgage, let her nephew $30,000.00 and there is an additional $40,000.00 missing from his Oppenheimer funds. The money has not been taken out since he was ill, so I'm sure he was aware of it. I have power of attorney, can I move that money into an account he has that his wife is not on?


Asked on 2/16/10, 7:59 am

1 Answer from Attorneys
Ellen Victor Law Office of Ellen A. Victor

I would really suggest speaking to an attorney about this as soon as possible. What you would need to do was to try to establish a guardianship over your father. This will not be easy, but it is the only thing you can do.

Good luck.

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Answered on 2/27/10, 5:57 pm


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