Since my fathers passing a disgruntled alcoholic brother calls adult protective services alleging abuse of my care of my disabled brother and my mother with Dementia. two times before they have found they are unfounded and after a previous arguement with him, he called APS again. He called the police and APS. Police found everything orderly and now here comes APS. It does not seem fair and reasonable that APS and THE police can be used as a tool to harass.
No other family member will care for them. He wants me to give up so each can be put away and the home can then be sold. It just doesn't seem fair and just?
Elder Law Attorney
You can make whatever claims you like but it doesn't sound like harassment for APs to investigate a claim that you are abusing your relatives. APS is supposed to investigate claims of elder/disability abuse. The fact that a prior APS referral was baseless doesn't mean the next referral also is baseless. You may have legal claims against your brother but pursuing them could prove costly and you can't get blood from a stone.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.
4 lawyers agree
I agree with the other attorney that answered this question.
Let me add -- I would consult with a local elder law attorney. Unfortunately, these sort of family issues occur frequently. Look on this website or "google" probate, wills, and/or elder law attorneys.
You need an advocate on your side since it sounds like your brother is not going to stop.
1 lawyer agrees
Social Security Lawyers
I gather that your brother thinks he can get money if the house is sold. More likely than not the house was owned by both your parents. Your mother would have certain rights to it.
Did your father leave a will? A will must be probated within four years of the death.
If there was no will the Texas Probate Code says how your father's estate will be handled.
I think if you get this issue settled, your brother will know exactly what will happen and what his rights are. Knowledge often resolves this type problem .
Once the legal issue of the probate has been handled by the Probate Court, you will have the tools to deal with your brother from a position of strength.
Should you already have been through the procedures to settle your father's estate and your brother continues to be a problem, I suggest, since you live in San Antonio, that you try the Bexar County Dispute Resolution Service (210-335-2128).
This is a free service to County residents.
It is located in the Justice Center. They have a short film available in the waiting room to explain the procedure. The mediators are well trained volunteers. The administrators pick volunteers (usually 2 per case) that have basic knowledge in the subject area of the dispute so their percentage of settled cases is very good.
-Marion W. Cain Law Offices of Marion W. Cain, P.C., 127 Lewis Street, San Antonio, Texas 78212 (210) 226-2161 website: www.marioncainlaw.com email: firstname.lastname@example.org. This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship.