Legal Question in Elder Law in New York

Guardian Neglect

After my grandmother's death my two sisters became guardians of our father. He lives on his own, but is mentally ill. I don't have a great relationship with him, but that's not why I opted out from being guardian. I'm already guardian of his brother who is also mentally ill and lives with me. I recently saw my dad after several months, and he looked terrible. He's lost weight, was unshaven, had body odor, and still showed the effects from having Bell's Palsy two summers ago. I want to report them for neglect, but have no idea how to go about it. I'm sure they have guardianship of person as well as property. (Dad came into substantial money after Grandma died.) Is there anything I can do or anyone I can talk to?


Asked on 4/21/04, 8:33 am

1 Answer from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Guardian Neglect

Have you attempted to discuss this situation with your sisters? I would suggest that you do try to get them to cooperate with you before you get other authorities involved. If you cannot resolve the situation with them, you can get the police and/or a Senior Services agency involved.

What type of Guardianship do your sisters have? Is it Mental Hygene Law, Article 81? If so, there are reporting requirements regarding both the Person & Property.

For more information, please contact me at (716) 856-4022. Thank you.

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Answered on 4/21/04, 2:18 pm


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