I am a successor trustee (joint) with my brother. Have joint HIPPA, DPOA, etc. A Trust beneficiary (close to my brother) is interfering with my mother's care and making my job much more difficult, refusing to respond to emails, questions, voice mails. She is in possession of trust property, is interfering with other siblings opportunities to see or speak with my mother, both physically and by telephoneMy mother has Alzheimer's and I have found a place near the center of the family in an excellent assisted living facility (she believes she is living independently). My brother is 7 miles away; I am 6 hours away. She believes she has his approval, she does not have mine. As I have cared for my mother for 15 years with increasing knowledge of her wishes/affairs/medical and health record/doctors, etc. I am well versed in what she wants. How do I stop this sister from taking my mother away for a week or two at a time, without informing me, answering my questions, or letting me speak to my mother? How do I help the rest of the family see my mother if she is in the way? I have sent emails detailing what elder abuse is, that she has no legal standing to do what she is doing. She refuses to answer calls, emails, text messages. My brother is another problem (easiest path, can delegate chores to this sister and reacting to a steady poison drip from her). If I can stop this sister from acting without joint approval, I will be able to resolve some other things. What are my options?
State/Country relating to question: Washington DC
Had the lawyer supposedly representing both my brother and me define what joint means.
Have tried to get my brother to see the problem. He gets extremely angry (she is helping him, in his view). Have sent numerous emails, texts, phone calls which she refuses to answer.
Hello,Thank you for allowing us to assist you with this problem.Your question is important to me and I just wanted you to know I will return a soon as possible with a response.Thanks,Dan
My mother's trust is Florida based. She is currently in MA.
Hello Mavis,Thank you for allowing me to assist you today. I'm sorry to hear that you are having problems with providing the proper care you mother needs and that others are making this process harder for you.Based upon your post it seems that you want to know how to resolve the conflict created by the stop the trust beneficiary from preventing other relatives from seeing your mother and taking her away for a week or two at a time, without informing you or answering my questions.Since your mother is currently in Massachusetts you would seek enforcement of the out-of-state. The DPOA is the primary document which would provide you with the legal authority to require that your mother's location be disclosed to you and give you the ability to allow access between other relatives and your mother. Is one person is preventing this access and/or taking your mother without notification, then you need to inform the assisted living facility to limit this one person's access. You mentioned that your brother is also jointly a holder with you and if your brother does consent to this one person's actions, that would tie you hands from the above suggestion I mentioned making further legal action necessary to achieve your goal. If you brother does approve and you disapprove, then the only solution is for you to go to court in MA where your mother is located and apply for Conservatorship/Guardianship over your mother. The court appointment of Conservatorship would superseded the Power of Attorney and allow you to make decisions for your mother.The actual petition you would file is called Petition for Appointment of Guardian for an Incapacitated Person which can be download from the web link below:http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/upcforms.html#adultsI hope my response has assisted you.Have a good day,Dan
Practicing Attorney for over 20 years and College Professor for over 10 years
Hi Mavis,I'm just following up with you to see how everything is going. Did my answer help?Let me know if there is anything else I can help answer for you.Let me know,Dan
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