Legal Question in Civil Litigation in New York

My elderly brother was in a nursing home. He was very anxious to go home. A condition for his release to return home was that he secure 24 hour care. He ran an ad in the paper and slected two people who seemed excellent for what he needed. My brother doesn't have much money. He receives $650 a month from Social Security disability. We have been handling his regular bills for him during his stay. The two people he selected agreed to take care of him for $300 a month, and to go in and clean before he returned home for an extra $100. It was a mess, and they asked for more money, and we agreed to another $100. The day Jim was to be released, the man said he needed an extra $200 to bring him home, or he would leave. My brother agreed, just to get out of there. We were unaware of any other monies outside of the agreed amount. Then we were informed they had my brother sign a contract which says they get paid for six months even if he dies, or returns to a hospital or nursing home. It was signed by my brother, the man who wrote it, and witnessed by the woman. I'm sure my brother didn't read it. He was just anxious to get home. Can the woman be a witness if she is actually a part of the contract? The contract is not dated, other than the period of time he was to be cared for. This was not notarized. Is this contract legal and binding, or not?


Asked on 11/26/09, 11:33 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Can the woman be a witness if she is actually a part of the contract?

A. A contract generally does not need a witness. Therefore, whether or not the woman witnessed the contract is irrelevent.

Q. Is this contract legal and binding, or not?

A. A contract does not need to be notarized - or dated - to be valid. However, whether the contract is binding is a decision by the court. You may make an argument that the brother signed under duress or did not have capacity to enter into the contract due to his mental state. You may want to file with the Court (an Article 81 proceeding) to be the guardian of your brother's property.

Mike.

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Answered on 12/02/09, 8:07 am


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