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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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My 75-year-old mother was diagnosed with Glioblastoma Multiforme

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My 75-year-old mother was diagnosed with Glioblastoma Multiforme Stage 4 about a month ago. They put her on steroids to reduce the swelling. They operated to remove what thsy could 3 weeks ago. They continued the steroids. She has now spent excessive amounts of money for things she soesn't remember buying, is hyperactive, only sleeps a couple of hours a day. I asked for a nueropsychologist to evaluate her. He diagnosed her with Steroid Overdose Psychosis. He said she was alert and mentally fit to make medical decisions but definitely not thinking about financial issues just impulse buying.
I am in Texas.

The issue is this my brother got very angry that I asked for the evaluation. He screamed and cursed at me in the hospital in front of numerous witnesses and told me I was banned from his house. My mother lives with him. This was 2 days ago. Yesterday my mother said I was thrown out of the family. I love my mother and have always had a great relationship. 3 years ago although I live a distance my children and I spent the entire summer cleaning out her house (it could have been an episode out of hoarders) because it was faliing apart. She offered to give me a lot of money or a trip or a car and I said no she was my mother. I love her very much. My brother told her I am trying to have her declared incompetent and thinks she has alzheimers. I never made either statements to him. She is in a rage like I have never seen. I am worried and want someone to oversee things. Today I found out my brother moved huge amounts of her money over and controls her accounts. I am grieving because I only found out 2 days ago she had this diagnosis when I asked the doctor why she was behaving this way. I overheard my mother tell my brother she told me weeks ago what she had, she did not. I called her and she left the phone off the hook accidentally and I heard her saying the meanest things with him pushing her on.
He bragged to me that her will had a codicil and she could change anything she wanted and if I interfered he would have her change her will instantly.
It shouldn't be about the will. He doesn't seem to care. He told me he couldn't stand her which is my word against his. BUt quite frankly he has probably had to put up with a lot as I am sure this tumor did not happen overnight. For the past year my mother has been different at times but I put it off to aging and then they found the tumor.

While my mother was in the hospital I offered to fix my brothers front entry way because the steps are crumbling and breaking. I even slipped on his step. He said no so my mother has to be pulled up to the back door thru a neighbors yard to get in the house. He plans to take her on a 2 week trip out of state. SHe is scheduled to go thru radiation treatments during that time. I am so perplexed I never thought this would happen. My brother is 6 years younger and we have never been close but when he was screaming at me it was apparent he has a lot of sibling anger towards me. He brought uo issues that were decades old.v What can I do? I am worried about her medical care and money.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

What have you looked into so far?
Customer: replied 1 year ago.


I don't know what to do. My brother has all the power of attorney and medical. He said he had not executed it yet but has access to her bank accounts though he is not on them as of today. Oh yeah my brother gambles often and loses often. My mother is terminal and probably has a few months. I am being shut out so I have no idea what to do. I do not think it is wise for him to take her on this long trip with none of her doctors close by. She has insurance that will allow for someone to care for her at home but he told her not to use it instead he has my aunt who he is close to taking care of her. She is 74 and is in poor health. I am perplexed.

Expert:  Dwayne B. replied 1 year ago.
If you want to oversee everything or protect your mother and her finances the best way is to file for a guardianship through the probate court in Texas.

A guardianship puts your mother under the protection of the court. You can apply to be guardian or someone else can take the role but regardless if the court finds your mother to be unable to care for herself or her affairs she will be protected.

The guardianship overrides and cancels out the POAs.
Customer: replied 1 year ago.

I guess my concern is she answers things intelligently but her behavior is out of character. SHe also seems paranoid and talks in a high faast voice.


Do I need a lawyer to ask for guardianship?


 


I will give you an example of two of the spending things she did recently


On Monday she plans to give my oldest daughter who has been in and out of court and rehab., Lost custody of her son because of drugs, $15000.


Last night she told my other daughter who has always been her favorite and is an excellent student and top athlete she would take out a restraining order against her. This is the opposite of my mom.


 


What kind of proof does the court need. THe doctor did tell me that the surgery effected her frontal lobe that controls behavior and emotion. The meds are causing the psychosis. I am afraid she will die hating me.

Expert:  Dwayne B. replied 1 year ago.
You definitely want a lawyer. Guardianships are extremely difficult both procedurally and because the law is archaic.

The court will need the report of an expert like her doctor to show that she is incapacitated in one or more ways. The lawyer can help write the report for the doctor to sign off on and the report will meet all the legal requirements.

In addition, specific instances of behavior, both personal and financial, can help prove her lack of competence.
Customer: replied 1 year ago.

I meant to give a 2nd example. She spent over a $1000.00 calling home shopping networks. She remembers she called but doesn't remember what she bought. She just says they are things that will be needed.


My brother says she was just bored.


 


Big Question based on what little you have seen and there is more then this.


Do I have a chance of getting someone else put in charge? It doesn't have to be me I feel a nuetral person would be best. I fear she only has months so do the courts act quickly. My brother has hidden any information from me and knew all along this is terminal. Like I said I only found out 2 days ago and am still reeling from the shock. I kept asking but he told me he did not know. I feel this is called alienation of affection (heard that phrase a long time ago) as he has her in his house and controls the narrative. Can I sue him for this deciet?

Expert:  Dwayne B. replied 1 year ago.
The courts do act quickly in these matters and I think it is fairly likely the court will grant the guardianship at least as to her finances.

Talk to the lawyer to see if you should ask for someone else to be appointed or yourself. Judges have different preferences.

Texas no longer has "alienation of affection" lawsuits. They were done away with some years ago.
Customer: replied 1 year ago.

Is there any way I can be allowed to see her in his house? I feel he is taking her on this trip to keep her close as she is easily influenced.

Expert:  Dwayne B. replied 1 year ago.
Only through a court order. If you are going to get that then you might as well apply for the guardianship.

The only other alternative is to call Adult Protective Services but I have never found them to be willing to do much more than the bare minimum and if she sounds okay when you talk to her then they probably aren't going to be any help.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27088
Experience: Began practicing law in 1992
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