Legal Question in Elder Law in New York

Guardianship Question

I am the sole guardian of my mother and I am having alot of problems with my brother. He is being mentally abusive to my mother (in my opinion) and I want to put in a Motion to go before the Judge. I have asked a lawyer and they wanted $5,000.00 to put in the Motion and represent me, but I cannot afford that. I want the Judge to inform my brother that he cannot continue visiting his mother and bringing her food that is harmful to her (she has kidney disease). He will not listen to me. I also want my brother to visit on certain days - again he will not listen to me. Do I have a chance of being successful without a lawyer. I would like to give it my best shot. My brother is very angry that he lost the guardianship and he has done everything to make our lives miserable and continues to do so. It needs to stop. Any advise. Thank you.


Asked on 12/29/08, 9:20 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Guardianship Question

Try writing a letter to the judge telling him or her what is happening and that your brother is violating the terms of the Order appointing you as Guardian. Keep it short and to the point, and attach a copy of the Order and your Commission. The judge or the law clerk may very well pick up the phone and give your brother an earful. Make sure you give the judge your brother's telephone numbers and tell the judge exactly what you want him or her to do. The reality is that your letter will probably be ignored, but that's my advice.

Good luck.

Rick Bryan

New York, NY

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Answered on 12/30/08, 2:52 pm


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