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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38202
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My brother is an attorney and has power of attorney my mother

Customer Question

my brother is an attorney and has power of attorney my mother has fallen sick and he put her in a retirement home where she does not want to be and he is trying to sell the home and is taking advantage of the funds that have been my father left for her and for he family
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear that brother is taking these actions with regard to your mother...

I need to ask a few questions before I comment..
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1. Does he have a medical power of attorney or just a financial one?
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2. Has he been appointed guardian over her?
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3. Is she able to care for herself without assistance?
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4. Is she suffering from any type of dementia or Alzheimers that would make her legally incompetent?
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5. How is he misusing her money?
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thanks
Barrister
Customer: replied 2 years ago.

Yes he also has medical power over her.

No he is not her Guardian and she has not been declared Mentally incompetent however she does have dementia but was working, driving living at home and I lived in a Cabin beside her and gave her her meds and made sure she ate. But she got a bad bladder infection which compounded her dementia and made her weak so every one decided to put her in asisted living but she calles me several times a day saying she is in a night mare and wants to come home. If I bring her home I want to have helping hands to adminstister the meds and cooks some meals because that was a great responsibility and possibly put a bath in the bath room downstair and move her bedroom to the first floor.

With that said I think she could be pretty independent. But I have all the resposibilty but none of the authority. Or power in terms of making decisions and paying for things.

As far as my brother in all confidence he is an alchoholic which my mother does not want to see. He has not clients. When I came form Italy to the house to live with her he strongly objected and said he and my younger brother could take care of her fine. But she was living alone in a house with 6 fire places two floors a 250 year old log cabin. They visited her once a week. She desparetly needed help. He has never let me know anything about the estate sso I don;t know what he is doing. Mom doesn't understand it. I do know that after he put mom in the home he planned on have his mistress who is a realestate agent list the propert even though mom did not want to sell the house and he opened the pool that had been closed for three years that he had just told me a moth befor ewas too expensive to open and mom didn't want it open but now he wanted to opend it so he could have pool parties there.

Expert:  Barrister replied 2 years ago.
Ok, then it would appear as though your only legal option would be to file a petition to become her legal guardian in the local probate court so you could then revoke any POAs that brother has and take charge of her care and finances. Obviously brother would object and argue that you wouldn't be able to care for her as well as the facility, so you would have to convince the judge that you could and despite her dementia, she still undertands what is going on around her and wants to have you take care of her.
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It would then be up to the judge to determine if you would be able to provide care that is equal to or better than the care she is receiving in the facility.
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As for him using her assets for himself personally, without proof that he is actually taking her money, it would be difficult to file a formal criminal complaint for "elder financial abuse" with the Attorney General and have them investigate. If he is using her home, he could argue that he has a duty to protect it as her POA and he doesn't want it unoccupied for fear of damage or theft.. So you would have to have to get appointed guardian so you could delve into any financial records to see if he has been taking her money for his own use. Then you could sue him on behalf of mother to recover the money as well as file formal criminal charges for elder financial abuse.
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thanks
Barrister
Customer: replied 2 years ago.

As the Guardian what would that entail? Medical and legal and financial power? I guess i would need a good attorney in Louisville. Do you know how I should go about finding the best one especially since he knows alot of the judges he even ran for judge. Could my mother appoint me as her legal guardian if she wanted to live at home?

Expert:  Barrister replied 2 years ago.
As the Guardian what would that entail? Medical and legal and financial power?
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Yes, the guardian essentially takes a reverse parent-child role with the parent and becomes entirely responsible for their care and assets. You would basically be in complete control of her life.
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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews. You would be looking for someone specializing in elder law.

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.Could my mother appoint me as her legal guardian if she wanted to live at home?
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No, only a judge can legally appoint someone as legal guardian, but she could express her opinions to the judge if her illness doesn't affect her ability to articulate her preferences.
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thanks
Barrister