Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your family's situation.
At this point, what someone in your situation may wish to do is to file to be her adult guardian
under New York's Article 81 law. Essentially, this would allow you to act in her name, much like a parent to a child. For a quick overview of guardianship see here
, for an in-depth explanation see here
, and for forms see here
Adult guardianship is when an adult cannot take care of themselves (due to mental/physical illness, etc) and a caring party files to seek guardianship. If the Court approves, then the caring party becomes the GUARDIAN and may make decisions on behalf of them.
You may file in court for this - anyone can. You'd have to serve all interested parties (immediate family members) as well as him. The individuals can simply not answer, object, object and request themselves to be named guardian, or approve. The Court makes a final case by case decision. If your sister challenges this matter, you'd have to convince the Court that your mother needs guardianship and from what you've described, the Judge may agree.
This is for the overall matter. As for the revocable trust, once guardian, you may wish to revoke the trust, or, (while guardian or even before) file in Court to remove her as trustee and have yourself appointed as the trustee, so you can have control of the trust.
Finally, she can be made to pay back any money she wrongfully transferred without authority or maliciously.What kind of attorney, if any do I need?
An attorney is highly recommended
. You would need an ESTATE or a FAMILY LAW attorney. May I recommend the NY Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Best of luck.
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