Legal Question in Elder Law in New York

To Rick Bryan

Thank you very much for your reply. My mother did have a power of attorney and a health care proxy signed a few months before the guardianship proceedings ever started, but that didn't seem to make a difference. The guardianship still went through and my mother is paying for all of it. My mother does not have alot of money (approximately $25,000.00 left). She started out with $53,000.00 in the beginning of the guardianship. Where are my mother's rights? Are all her rights gone? Everybody is making sure they fill their pockets, but nobody seems to care that my mother will be left with nothing and if an emergency happens in her house (repairs, etc) where would she get the money for that?

Now my brother is taking me back to Court to have me investigated on what I did with my mother's money for the year or so before the guardianship? Who has to pay for that? My mother?? I have nothing to hide but if my brother wants to do this - will my mother be paying again for his attorney fees and court examiners fees for this investigation. The court examiner said that he is now going to investigate my brother for the 4 1/2 years he took over my mother's finances (before the guardianship).


Asked on 4/27/09, 3:14 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: To Rick Bryan

Very unfortunate families are so often torn apart. Not only are you losing your mom, but your brother as well. And your children may be losing too on a long term relationship with their cousins. I think you need to reach out to your brother and together try to end this nightmare before it irreparably ruins both of your lives.

Good luck.

Rick Bryan

New York, NY

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Answered on 4/27/09, 4:15 pm


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