Legal Question in Elder Law in West Virginia
What can I do?
My father is 59 years old, he is disabled (at this point he is not in a wheelchair but does need the assistance of a cane). He does not remember things that he has said, done or need to do. I take care of his meals, clothing, paying his bills. His neighobor has been taking very extreme advantage of this.He has my father take him to town a lot. Sometimes when my father needs something he will give this man a signed check to go into the store for him and this man has been writing the check for 45-50 dollars for something that costs 10.00! My father never sees any of the cash. My father does not remember that it has happened so the pattern continues. I have spoken to the man who says he does not do this. I do have his signature on the back of some of the cheks where the stores made him sign them. I can't take care of my father 24 hours a day and watch over him constantly. He would be so miserable in a nursing home that I do not want to put him through that. But I have to pay some of his bills where does not have enough money! In the last three weeks to the best of my ability I have figured up that this man has taken over 120.00 from him. What can I do?
1 Answer from Attorneys
Re: What can I do?
In your state you should have a division of aging or similar state agency whose oversight authority provides for the protection of the elderly. You should give them a call. You should report your neighbor.
The next thing you should do is ask to be appointed your father's guardian and conservator. Usually the consent of all the other siblings is going to be required, and, in addition, you'll need to go to court to get this done. It shouldn't cost you too much, particularly if you get the state's help in this regard.
Whatever else you do, you can also call the police or sheriff and, if you have sufficient proof, and can get the merchants to testify, you could bring "theft by deception" charges against the neighbor. However, keep in mind, that doing so brings along with it the possibilty that your neighbor will claim YOU are abusing your dad. That's frequently what happens in these scenarios.
Good luck protecting your dad.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
