Legal Question in Elder Law in New York

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

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