Legal Question in Elder Law in New York

My ex and I have a rent stabilized aptmt. I moved out of the aptmt when we separated 7 years ago but i have been signing lease renewals as co-tenant with my ex (he lives there). We obtained the divorce decree last month. My ex was admitted to a rehab center last Oct for dementia and i was informed that he cannot live alone. The rehab center is applying for Medicaid soon. He does not have a guardian or POA. Also recently the landlord has offered to buyout the lease. Is it legal for my ex and I to accept the buyout? the problem is my ex can't sign the buyout agreemt because of his dementia and i don't know if i can accept the buyout on his behalf. i was told not to do so as i could become liable to Medicaid. Should i inform the landlord that the aptmt is no longer our primary residence, so we can we break the lease? Will we still be liable for rent payments for the remaining period of the lease if I do so? I know the landlord can evict us since the aptmt is no longer our primary residence for either of us but I prefer not to be evicted as i could be blacklisted and i don't know what implications the eviction could have with Medicaid . Please help i don't know what to do.


Asked on 2/09/17, 9:06 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

First, your ex will need the money for his medical expenses. Second, do not disclose your ex's medical condition because its confidential. Third, you should obtain guardianship through the courts (the biggest cost will be attorney's fee unless you do it yourself - not a good).

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Answered on 2/09/17, 11:16 am


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