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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33784
Experience:  Attorney with 15 years experience
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I have a Durable Power of Attorney Mom. She now has

Customer Question

I have a Durable Power of Attorney for my Mom. She now has developed Alzheimer's. My stepfather convinced her to sell my real estate lot that was promised to me since I was a child. And now he has been discussing to neighbors that he is going to sell my Mom's Rental property and my deceased Grandmother's house. My Mom is 94 years old and she would never have sold these properties, They were all left to me in her will.
He's a thief and he is cruel and evil. He emotionally and mentally abuses my Mom but I'm told I can't do anything unless I have a video or pictures of him abusing her. I need proof. I can't record him having one of his rages because it's illegal in N.Y.
Can I legally take over these properties before he sells them?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Actually I think you may have gotten some bad information because it is entirely legal to record a person without their consent in NY as long as you are a party to the conversation. NY is considered a "one party consent state" and the applicable law is N.Y. Penal Law §250.00(1) . It is lawful to record a telephone conversation if one is a party to the conversation or has received the consent of a party to the communication. Accord People v. Lasher, 447 N.E.2d. 70, 71 (N.Y. 1983). This also applies to in person conversations.

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So feel free to record one of his abusive outbursts, or actually a couple different ones if possible, so you can build your case and then move to have yourself appointed as mother's legal guardian based on the stepfather's elder abuse.

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thanks

Barrister

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