Brooklyn, NY asked in Family Law and Elder Law for New York

Q: My sister won't let me have contact with senior dad despite him wanting so. What court should I go to?

My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.

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1 Lawyer Answer

Benjamin Z. Katz

PREMIUM
Answered
  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.

If you believe neither is the case, but you are simply being denied access, then I would need to know if your sister has a Power of Attorney or Health Care Proxy or was given guardianship and is exercising her powers. If so, you can claim that she is abusing that authority in court. If there is no such powers or authority, you can petition the court for a Guardian to be appointed for your father. However, further information is needed to determine best strategy.

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