Legal Question in Elder Law in New York

Guardianship

My brother petitioned the court for guardianship of our mother, but I contested it and i received guardianship of my mother's person and finances. The Judge said that I have to allow my brother to visit my mother, but the problem is I have tried to set up certain days where it is convenient for my brother to come, but he comes whenever he wants and when we are not at home, he leaves messages saying that we are not following what the Judge said. I think I am being reasonable in asking that he come on certain days, but my brother thinks it means that he can come whenever he wants. My brother is very angry that he lost guardianship, and I was wondering and I don't trust him one bit, and I was wondering can he go back to court and try to get the guardianship changed and what evidence or grounds would he need to do that. I have not yet gotten the official papers from the court so I am not sure if they will be more specific on what my brother's right are in visiting his mother. My brother said the Judge used the words ''free access'' to his mother, but that's not what I heard. I was just told that I need to let him see his mother.

Thanks for any advise you can give me.


Asked on 5/20/08, 11:31 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Guardianship

You'll have to wait and see what's in the Order. As long as you're acting reasonably you'll be okay. If after a hearing a judge appointed you as Guardian it's almost impossible for your brother to go in and reargue his case. Not impossible, but almost impossible. In a year or two if turns out you are are doing a poor job, then your brother might be able to come into court and ask that you be removed. As long as you are careful and keep proper records and document everything, you are the Guardian and that's the last word on the matter. When you are going back and forth with your brother, make sure you send him a letter stating your reasonable position and how you are offering to be accommodating. Again, you have to wait for the Order and see what it says. If your brother's lawyer drafts the Order it may not be worded according to how you like it (or need it). Hard to say. But once you're the Guardian you have full and complete authority (generally) and you will account to the Court Examiner and the judge and no one else whatsoever (more or less).

Good luck.

Rick Bryan

New York, NY

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Answered on 5/20/08, 3:37 pm


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