QUESTION
Do I need an elder abuse lawyer if I have a step brother who has acted against his fathers and my mothers wishes by initiating a divorce for them?
Asked on Oct 21st, 2019 on Elder Law - Pennsylvania
More details to this question:
My mother and step father had to be separated for better care as they both have ailing health concerns. The step brother was annoyed and regarded this action as abandonment of the father. The step brother took this opportunity to file for a divorce and is going after marital assets. We are currently in a divorce proceeding. Both parents have stated their positions against divorce to no avail. The son had their joint account liquidated 80% without consent, and has now isolated the father by forbidding any contact with him by my mother and family. This has caused great pain and anguish to my mother. I am seeking to sue him for his actions including loss of consortium if this is possible. What are my options?
1 ANSWER
2 Awards
Your father, not you, has the right to oppose the divorce and to sue for loss of consortium. You may be able to act on his behalf if you are his agent under a Durable Power of Attorney and that document states that you may represent him in litigation.
Unfortunately, all too often when people in second marriages have not let their respective children know that they have provided for them separately, someone steps in to "divorce" them or seek guardianship in order to ensure that a parent's funds do not pay for a step parent's care but pass to them.
You or the divorce attorney representing your father might want to use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Oct 22nd, 2019 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.