Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel. I am reviewing your question at this time. I will provide you information here. Thanks for your patience.
The use of the word "file" means to bring the lawsuit by filing a Complaint with the court.Proving defamation is not always easy. Defamation must be an absolute untruth being put out to others as the truth all the while the person committing the dissemination of the information knows that it is absolutely untrue and yet, with intent to harm continues to make the defamatory claims. Truth is always a defense to a defamation lawsuit.Harassment is generally a continued course of conduct that is without justification wherein a person is annoyed or harassed by another's behavior. The key here is the "victim" of the harassment must first put the harasser on Notice to cease and desist the behaviors because they are annoying and or harassing.-
So if you want to "file" a harassment lawsuit, you are going to first need to put the person on Notice by writing a letter of cease and desist the behaviors. That should be mailed to them Certified with a return receipt requested.
Thank you. ***** suggest you should consider at least a consultation with a local elder attorney. And you could consider a Guardianship over your sibling, if that is something you would be interested in.
Guardianship are sometimes a good idea, but that is something you and a local attorney should discuss to see what works to everyone's best interest. I suggest you can use the NY Bar Association for a legal referral service for an Elder Law Attorney in your area. The contact info is below.
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Alternatives to guardianship include health care power of attorney and durable power of attorney (which are similar in scope to guardianship of person and estate, respectively), jointly owned bank accounts, designation of a representative payee to receive the older person’s Social Security income, etc. So you could consider those options, too.
The POA is a good alternative.