Albuquerque, NM asked in Estate Planning, Family Law, Elder Law and Probate for New Mexico

Q: My father is being financially exploited and is experiencing undue influence from my I brother and son how can I stop it

My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment. I have been the only person who takes a active roll in my fathers care taking him to all his appointments for almost 2 yrs. I also am his medical POA the problem is my father was sent home on hospice and now both my brother and my son have only been taking care of my father when anyone is there making it look as though they are providing all his care. They also have refused me access to him, changed the scheduling of the nurses to them scheduling them so I can not attend the appointments, they are attempting to get my father to change the medical POA, made false reports to the police and APS and my brother is accessing all my fathers accounts and changing things on them what can I do now?

1 Lawyer Answer
Nina Whitehurst
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Answered

A: You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid society. But often they have limited resources themselves, and you end up having to hire an attorney in private practice. You would front the money for legal fees. If the case is successful you can usually get the court to agree that you can reimburse yourself out of the ward’s assets.

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