My father is in Kerala , he is 91 years old , healthwise normal . His support system is a family from next door who is paid for sending food and their father gives my father company in the night. This has been going on for 2 years and he refuses to join us abroad , and rather stay in this system Recently , he has started mistrusting his children and always feels we are against him. I have tried to take him for a medical assessment but he refuses to come. Now we children have become outsiders and he trusts only his support team . Is there any legal measured we can take to force him to distance him from these people and bring him with us. ?
We are afraid of his safety as they are controlling him fully. There must be some legal measure that we can take to get out of this situation
Your father is physically and mentally fit
2) you cannot force your father to break contact with neighbours and stay with you
3) better option is for and your siblings take turns in coming down to India and staying with your father
4) if father is agreeable shift him to reputed old age home
If he dies suddenly , we are not sure what all false papers they will make him sign . Whenever we bring up anything against the caretakers , my father gets angry .
Your father can execute will bequeathing his property to them
2) do t say anything against caretakers as they are ones who are spending quality time with your father
3) you have to come down to India and spend time with him
4) he may be having impression that you don’t care for aged father
You can seek restraining order restraining caretakers contacting g your father
but if your father wants to keep in touch with them you cannot do anything as father is physically and mentally fit
Behaviour of your father is normal and not abnormal. Instead of disturbing him which may also spoil relations and can also turn ugly, children should take few legal precautions to protect property and other valuable from present care taken. You can also appoint another nurse or other care taker without disturbing present arrangement so as to keep check.
- You can send a legal notice to the said caretaker to stop instigating father against his sons, and also not to take his sign on any documents , and if he done so, then that document if any will have no legal value in the eye of law.
- Further, you can also file a suit against him for restraining him from instigating and taking advantage .
- However, if you will take legal action even against the said caretaker , then your father may be more upset from you , and hence it is better to pass time with him in India , for which you all children are bound to do so.
You cannot force your father to discard his friendly relationship with neighbors.
You cannot look for any legal remedy to this.
In fact their relationship would be helpful to him during the times of crisis or emergency
There is no such legal remedy to you,.
If you are so much interested about his safety then you should supervise him personally by coming to India and start residing with him in the same house
You may have to wait and watch the developments.
If you show that you are suspecting the neighbors, then the danger is that the neighbors will depart from the scene leaving him unattended during his life's evening period.
You may arrange someone close to you to supervise the issues from remote so that the things are under control
You file a police complaint about the said apprehension in advance
Better you visit once in India and meet your father and get Conditional Gift Deed on your name whatsoever property is on your father's name. Try to talk with your father politely and do perform surprise visit.
1. This is not a legal problem.
2. This is an old age problem where he is feeling comfortable in company with his neighbours.
3. If the house stands in the name of your father, then you can take no legal step to restrain his neighbours to enter in to his house.
1 Though you have a valid point to be worried about, no Court will accept any case based on presumption.
2. So, the only way left before you is to outdo your neighbour and start getting closer to your old father (preferably through his grand children).
3. Make a search from the registrar to find out whether he has already registered any deed of conveyance or not. If yes, then challenge it after lodging a police complaint.
4. Meantime, collect a psychiatrist's prescription mentioning that your father is suffering from dementia and is not in sound mind due to his advance age, This prescription might be of great help to you later on.
1. If they get any deed registered in their names by your father. you can challenge it later on claiming that your father was not mentally fit to execute any legal document as is evident from the Doctor's Prescription.
2. Also try to get a Will executed by him, if possible and follow the advices given in all my earlier posts.
Your father's behavior appears to be within the normal range, rather than abnormal. Rather than causing disruption, which could potentially harm relationships and escalate the situation, it might be wise for children to take certain legal precautions to safeguard valuable property under his care. Another option could involve the appointment of an additional nurse or caregiver, ensuring the current arrangement remains undisturbed while adding an extra layer of oversight.
