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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My mom has been diagnosed with dementia and it has gotten

Customer Question

My mom has been diagnosed with dementia and it has gotten really bad. She doesn't even remember where she has been on any given day. She can't finish thoughts or sentences. Today she lost her entire purse and doesn't know where she was. She is stealing from stores and thinks it is ok because "they don't ask her for money". I was living with her until November of 2014 and left to save my sanity. But I speak with her everyday. I knew back in November she needed either a nurses aide to come into her home or to be put into a facility. I asked DCF to step in twice and they sent two different case workers at two different times who came back saying she was fine to live by herself. To complicate matters my youngest brother spent time convincing her i was going to put her away. She got so scared she let him take her to a lawyer in Boca to sign over power of attorney to her. Tonight a police officer came to her house as I called to see if they could help her find her purse. They are filing a report with DCF. All her neighbors and people in Boca tell my daughter and myself she can't stay alone and we have to do something. Please help, please!!!!
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, unfortunately what your mother is going to need (if you and your family are unable to pay for a conservatorship proceeding yourself - as you have found this is not an inexpensive thing to do), is for the DCF to step in and help you with conserving your mother.

Based on what you have posted, it is likely that they will do so, but you will need to remain diligent in continuing to talk to them about what is developing.

The additional information you posted regarding your younger brother intervening and getting a POA is going to complicate things (I don't know what the details of your family dynamic are, but a POA is going to have some more influence in the decision making process than a child without this legal authority). Ultimately, the government is not going to allow your mother to continue residing as she is.

There are legal remedies you can pursue, but you need to be prepared to hire an attorney to do so, and it appears based on what you have posted this is simply outside the scope of your ability at this time. If your brother does indeed have a POA, he may have an obligation to step in and do more to push for her conservatorship - but the scope of POAs vary greatly and I have no idea what type of document she actually signed for him, and whether or not he accepted this responsibility, or if he is still willing to do it.

Customer: replied 1 year ago.
What if he dooped her into signing because he knew he could? Isn't that abuse, taking advantage of the elderly. I am a sibling too and i was not consulted at all.
Expert:  CalAttorney2 replied 1 year ago.

Elder abuse is both a crime and a tort (civil cause of action).

However, there is no duty to consult with siblings prior to having a POA signed.

If you believe that your mother has been defrauded (having a POA signed does not in and of itself create a cause of action, but if he did so in order to get her belongings or force her to do something against her interest or intent, that will create a basis for action), then contact the police department or district attorney where she is living.

Customer: replied 1 year ago.
ok thanks
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

Thank you again, and again I wish you the best.

Bill