Q: Father with Dementia
Hello- Long story short- 80 year old Father has dementia and been in this position for the last several years. At age 70 he married my step mother. They eventually made new wills and possibly a new house deed. My mother says that she and my father retained 50% ownership in my father's house. I was to receive her 50% ownership. I don't have any information other than that. My mother lost her divorce decree. I don't know where my father put his new will. I don't know where my father's deed is. My step mother no longer talks to me or any of my family. She has alienated all of us. She resides with my father in NYC. They live with her ex-husband. Weird, right? Questions- If mom is right and the divorce decree states her 50%, will that trump a deed? Can I contact my father's doctor to see when he started having dementia and when the wills were change? Was my dad in full capacities? My step mother will not allow me to contact my father. Do I have child rights to see my dad?
A: You may try to challenge the will's validity based on competence arguments. If there is no restraining order, I see no reason why you cannot see your dad; but if you cannot access him legally, you may need to file for a conservatorship order. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
