Am I a victim of elder abuse?

I have been on disability for 22 years. My father told me I did not need to file my taxes. I filed my taxes this year because I have a six-year-old who I’ve never claimed and I claimed myself and her, And my father would like me to amend my tax return. He has tried to get power of attorney without my knowledge from me and hes been claiming my daughter and myself for years and we don’t have a home and she doesn’t have her own bedroom.

ANSWER BY MARGARET CROSS-BELIVEAU:

Elder abuse is when a person abuses an elder, not the other way around.  If you are living in your dad’s house, he can claim you whether or not your daughter has a bedroom because you are depending on him for food and shelter. If he claims the two of you, you can’t claim your daughter. One of your tax returns will have to be amended.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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