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I have a complex / complicated issue. My brother has POA…

Customer Question
I have a complex...

I have a complex / complicated issue. My brother has POA over my mom's finances / property, health. She was diagnosed with Alzheimer's some time ago. She was recently diagnosed with stage 4 cancer and was given a poor prognosis. The issue is this: He has been ABSENT from her life and everything to do with the 3 areas (health, finances, property) for close to 14 year. Not a visit to her home, not a phone call. The only time he sees her is on occasion when there is a get together.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I live in Toronto, Ontario, Canada

Lawyer's Assistant: Has anything been filed or reported?

I would like to state that I have been my mom's primary caregiver for about 14 years. Even after the POA kicked in after my mom's diagnosis, I was / am still taking care of her care - making arrangements for professionals to examine her and support her care. He is only doing things to aggravate me. He is wanting to sell the house that me and my mom live in (the family home). This house was left to me in my mom's / dad's will. He also wanted access to my mom's bank account - but was stopped because the account is jointly owned by my mom, myself and my sister. So he is using the house as leverage. I have sought legal advice in person and the lawyer prepared a statement / document outlining my position in all of this - and in this document declared that I am stating / claiming that I am the owner of this home. I have paid all utilities and property taxes on the house and made necessary upgrades and repairs to it. I would like to know if he can just come in here now and state that he is going to sell the house and put my mom in a hospice to die. How is this respecting her wishes? How is this acting in good faith and acting as she would if she were still in a position to make her own decisions. He is dictating / bullying me - telling me that he is going to sell the house and that I am to go an live in a condo - I am 48 years-old and can make my own decisions. I work full-time as a teacher and yet take care of my mom when I am home with her. I have hired personal care workers to help support her needs. Can he just steamroll his way in here after not (pardon my language) giving a shit about her for 14 years? The personal care workers also notice that when he comes here he is interested in taking pictures of the house and does not even look in my mom's direction. This is an abusive POA. He is not acting in a way that is respecting my mom's needs and not acting in a way that reflects her best interests. My position is this - I have lived in this house with my mom for 48 years. In that time I have taken care of my mom more that anyone else and I will not surrender by letting him sell a house that my mom and dad wanted me to have. Please advise - thank you

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like the lawyer to know that my lawyer has written a document stating my intent to claim this property as mine. I am not doing things selfishly. I do not want my mom to be sent into a hospice when medical professionals have stated that she is at the time comfortable at home with the supports that are in place. He is acting as though she is already dead. This is not a constructive, supportive POA - this is a person on a power trip who has not done anything for her until now - and what he is doing now is all about money and value and not about her.

Submitted: 1 month ago.Category: Canada Law
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Customer reply replied 1 month ago
He is being a bully. He is interested only in the house and my mom' money. How is this living up and fulfilling what was stipulated in the POA and his duties towards her. He is a POA who still will not look at my mom or acknowledge her - she is alive, she is a human being. I am still taking care of arranging all of her care, her doctor's visits, her supplies, her support. How the heck is he doing anything in her best interest? Can I still have him declared incompetent or negligent / abusive in his role as POA ? Clearly, I still have continuing, consistent evidence of this.
Customer reply replied 1 month ago
He also was given the opportunity to release himself from being my mom's POA since he has stated that he wrote her off a long time ago. He was also given the opportunity to have me share this responsibility with him. In the hospital during my mom's discharge meeting with hospital professionals (social worker, doctor, therapists, etc) he handed me the documents to take care of her care arrangements for her subsequent care. How is he being a dutiful POA? Where are my rights in all of this? Where are my mom's ?
Answered in 3 hours by:
12/30/2017
Lawyer: Debra, Lawyer replied 1 month ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,011
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 1 month ago

I am sorry to hear this.

You can apply to the court for an order declaring your mother to be mentally incompetent and for an order appointing you as legal guardian. This will void the POA.

But you will have to prove to the court that your brother is not acting in your mother's best interests but rather is acting in his own best interests and only cares about the estate.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 1 month ago

Is there anything more I can help you with at this point in time?

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