Skip to main content

My aging parents are being financially exploited by other family members. I need to know what I can do legally.

Olympia, WA |

26 year old grandson is living in the home, he is using drugs, bringing strange people home, stealing, etc. His father refuses to have him in his home, but does not appear to be concerned about him being in the grandparents home. Grandpa suffers from dementia so is unaware of the situation. Grandma is making all of the financial decisions, and refuses to stop enabling the grandson, by allowing him to do whatever he wants. She has shelled out thousands of dollars for lawyers for him, medical care, child support for his child etc.
She is in complete denial regarding this young man. I am concerned for the health and safety of our parents, both are in their 90's and very vulnerable. I am the caregiver for my father 5 days a week, and witnessed instances that may be considered elder abuse.

Attorney Answers 5

Posted

You have two options before you. You can either file for legal guardianship, which is a process that takes about 90 days or so to finish, or you if you want more immediate results, you can petition the court for a vulnerable adult protection order. Actually you could both. The vulnerable adult protection order would give you an immediate protection order while you wait for the guardianship to play out.

Mark as helpful

7 lawyers agree

1 comment

Asker

Posted

Will the process be easier if because I have durable power of attorney?

Posted

Attorney Dewitt is correct. Please retain an attorney and follow his advice. Good luck to you and your family.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

Mark as helpful

2 lawyers agree

Posted

You can't do much of anything on your own other than maybe a referral to adult protective services. However, a local elder law attorney can help guide you through a few different legal options that might meet your goals.

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.

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.

Mark as helpful

1 lawyer agrees

Posted

In Florida, you could contact Adult Protective Services to report the abuse. That agency isn't always willing to intervene if your Grandmother is competent to make bad decisions. If she isn't competent, you could move for an Emergency Temporary Guardianship to be able to handle her (and your grandfather's) person and property.

IRS CIRCULAR 230 NOTICE: in order to comply with certain IRS regulations regarding tax advice, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for purposes of (i) avoiding penalties under the internal revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Mark as helpful

1 lawyer agrees

Posted

In Washington state any "interested person" can file a petition to protect a "vulnerable adult" pursuant to chapter 74.34 of the Revised Code of Washgington ("RCW"). Unlike other matters, there is no filing fee for such a petition and the court clerks are required to help the petitioning party. You can also petition for guardianship; however if you do petition it might be best, because of your family relationship, to ask that an indepent person, such as a Certified Professional Guardian be appointed as guardian. These cases are complex and you would be best advised to seek the assistance of a qualified elder law attorney. Any member of the Washington Academy of Elder Law Attorneys should be able to help you. You can find a list of such attorneys by going to www.wanaela.org.

Mark as helpful

1 lawyer agrees

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics