Legal Question in Elder Law in New York

Guardianship Questions

I am the sole guardian of my mother for her person and a co-guardian for her finances and property. The two problems I am having is my brother comes to visit my mother (which it says he can in the settlement papers) but his behavior is very disruptive and on two occasions the police were called and they had to escort him out of the house. Do I go back to the Judge and have him talk to my brother because my brother is not listening to me. Right now I refuse to let my brother in the house anymore because of his behavior.

My second problem is the co-guardian. She is not even letting my mother give Christmas gifts. I told her that my mother wants to give money (maybe $25-50.00) a person, but she told me it would be better if my mother gave actual gifts. The co-guardian is holding the checks and we both have to sign them. She has taken complete control and she makes all the rules. I am the daughter and c0-guardian but you would never know it from her. I believe the settltement papers said ''least restrictive form of guardianship'' but the co-guardian is giving my mother no rights. She won't allow any money to be spent on my mother's care. Do I file a motion to go back to court? Please advise

Thanks!


Asked on 12/22/08, 10:30 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Guardianship Questions

You are responsible for mom and are obligated and required to act in her best interest. Yes, go back to the Judge and ask the court to sort out the issues you are having with your brother. As to your second question, yes, in the same Motion tell the Judge what is going on and ask for guidance from the Court. Call the judge's law clerk and maybe he or she can get everyone on a conference call.

Good luck.

Rick Bryan

New York, NY

Read more
Answered on 12/22/08, 3:57 pm


Related Questions & Answers

More Elder Law questions and answers in New York