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Jessica
Consultant
Debra, Expert
Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
Debra, Expert
I am sorry to hear of this difficult situation.
Is your dad mentally competent to make decisions about his care and finances?
Is your dad living with you now?
Debra, Expert
Did he appoint you under a power of attorney for care and for finances?
Debra, Expert
All you have to do in terms of the police is provide the powers of care to them and then they will be required to listen to you as they would have to listen to your father if competent.
Explain that your father needs help. The police have to consider that this is a case of harassment of your father and of you and they need to charge your brother and his wife with harassment and then they will placed under a no contact order.
There is another route you can go if the police will not assist you.
You can attend at the Justice of the Peace's office in any criminal court.
You simply walk in, tell the JP's secretary what you want to do, and he/she will give you a form to fill out (basic information and your allegations).
Then after you hand it in, you'll speak to the JP and explain the basis for the allegations.
Then if the JP decides there is enough to lay the information, he/she will schedule a pre-enquete (relatively brief in camera hearing to determine whether or not to proceed).
Be prepared to bring any evidence or witnesses you might have for that.
If none of this works your best next step would be to retain a lawyer and have a lawyer send a cease and desist letter to your brother and his wife threatening a lawsuit.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
1-***-***-**** or(###) ###-####(within the GTA)
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/directory/find-lawyers-or-law-firms/
Does that help as a starting point?
Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
Debra, Expert
You are very welcome.
Please be sure to rate me before you leave the site so that I can receive credit for my work.
Thanks and take good care.