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No, my mother does not live with my brother. She lives in an apartment with a home health aide who is under the orders of my brother not to allow my mother to call anyone or to allow any visitors in to see her. The home health aide under strict orders by my brother to call the police if anyone should attempt to go near her. Her phone is constantly off the hook and she is not allowed to use the phone. Yes, my mother is mentally competent, however, her eyesight and hearing are very poor. She is not able to walk without assistance and she is not allowed to leave the premises unless my brother is with her. My uncle and I hired a lawyer in 2009 to try to have me appointed as her guardian. My brother took my mother to the courthouse to have her sign all her assets and her rights over to him. Our lawyers said that they didn't feel that they could win the case because my mother is of sound mind even though she did this under duress. Keep in mind, she is very afraid of him and intimidated by him, but she wants to have a relationship with me.
Thank you David...to keep you updated, we spoke to elder abuse and they said if your mother is clear, alert and oriented, there is nothing they can do to help, she has to advocate for herself. They said to go there with a police escort, however, that was unsuccessful as the police did not want to get involved either. We were able to get in to see my mother, but my mother states that my brother is holding my mother hostage and that she is terrified of him. He is verbally abusing her and she looks awful and beaten down. She also said she is not allowed to use the phone. The phones are rigged to not allow outgoing or incoming calls, only messages are able to be left. My brother screens every incoming message. My mother was coerced into signing paperwork at the lawyers office to say she wants nothing to do with her family which is not true since she says her heart is breaking and wants to see me. Do you have any more advice on this matter? Thank you!! Diana
Thank you David...do we need a lawyer to file a petition at Probate Court?
David, thank you. We went to probate court today. Probate court sent us to speak to an investigator in the district attorney's office who works on criminal domestic violence cases. He said since my mother's physical needs are being met, there is nothing that anyone can do. It is a family matter that needs to be worked out. I don't know how to work it out with my brother since there is no reasoning with him. It's impossible. Any other ideas or advice on this matter? Diana