I am looking for help for my Dad. he is 94 and is being mentally abused my brother and his wife a Veteran who served

Expert's Assistant chat
Customer: I am looking for help for my Dad. he is 94 and is being mentally abused my brother and his wife a Veteran who served source
JA: What state are your father and your brother in? It matters because laws vary by location.
Customer: Ontario Canada
JA: What steps has he taken so far?
Customer: It started when my Dad had a stroke my brother and wife were trying to move in and care for him. My brother has been an alcoholic since I was 12. He and his wife told the doctor I was mentally I'll and institution most of my life once I was cleared from that .I took my dad home only to have them call police in middle of the night saying I was mentally I'll and may of harmed my dad they couldn't reach him
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They kept it up as well as calling 911 They were both in contact by phone wmy dad every day
Answered by Debra in 2 hours 2 years ago
imglogo
Debra
10+ years of experience
logo

170372 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

170372 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

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.

img

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?

Customer
Hello thank you so much for replying. Yes my Dad suffered some brain damage from his stroke it was a mild stroke. He is able to make certain decisions and knows what is going on . His short term memory was affected the most . He is living in his condo in guelph Ontario with private home care which I set up for him in November 2019
Customer
My brother and his wife kept calling the police when I was staying with him saying I was mentally ill. Said my dad may be laying in a pool of blood they kept coming to check on him it was very confusing and disruptive. They claimed not to have spoken to my dad in days which was not true they called from their cell phones constantly playing games with his memory loss.
Customer
They wanted to move in and care for him
Customer
There was a police investigation launched they were deemed disruptive in my dads recovery
Customer
But they still continue to upset and confuse him
Customer
It takes a week minimum to get him back to himself
Customer
I have been trying to get help
Customer
I don't want another upset his heart cant take it you can hear his breathing heavy and they both just keep calling
Customer
They have also been visiting and messed his phone and tv up . Gone through his personal papers in front of him
Customer
I have reported every incident to seniors at risk
Customer
I pay all my Dads Bill's now and for his private homecare out of his account. He needs help with that but is still a part of making decisions
Customer
Veterans affairs also helps with his care
Customer
To a stranger he seems very with it
Customer
He is remarkable for his age and a wonderful caring man. He holds conversation and tends to his daily life with a little support and is very pleased with the arrangement. He reads keeps busy does word puzzles. He has recovered a lot since October
img

Debra, Expert

Did he appoint you under a power of attorney for care and for finances?

Customer
he did
img

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.

Customer
This helps me tremendously. I cant thank you enough!
img

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.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer