Legal Question in Family Law in New York
Disabled mother
My mom is disabled and in a nursing home. My father has left, there has not been any legal separation or divorce. My brother has contacted a lawyer to have my mother divorce my father. When I asked my mother about it she said that she has not met with a lawyer at all, never mentioned the divorce and has not signed anything. My brother is also wanting to move my mother out of the nursing home and back to a house. My mom says she feels it may be best for her to stay at the home.
I am concerned that my mother's wishes are not being upheld and that she is not being informed of everything that is going on. I am out of state and my brother refuses to speak with me. I am very concerned and usure of what step to take next.
1 Answer from Attorneys
Re: Disabled mother
If your mother is unable to take care of her affairs, then you may want to seek to have the Probate Court appoint a conservator for her. If she is, then she can decide what she wants to do and how to go about it. Your brother will not have any right to make those decisions for her, unless she has granted him some type of Power of Attorney.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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