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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 33014
Experience:  30 years experience in the practice of estate law.
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My sister convinced my mother with dementia to sign her

Customer Question

My sister convinced my mother with dementia to sign her house over to her. She controls all my mothers money. Now that my mother needs long term care my sister refuses to pay for it and won't sell the house which she claimed as her inheritance. My mother needs care and is being denied that , isn't that elder abuse? Also, can i take my sister to court and ask that the house be sold or that my name also be put on the deed of the house? Can I have a court appoint me my mother's POA and health care proxy since my sister isn't taking care of her yet is appointed those things already?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you today.

Expert:  Loren replied 1 year ago.

Which state is your mother living in?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
New York. Right not she is living in my brothers basement in New York.
Customer: replied 1 year ago.
she could not go back to her house after her hospitalization.
Expert:  Loren replied 1 year ago.

Thank you for the additional information.

Expert:  Loren replied 1 year ago.

Tricking your mother, or taking advantage of her dementia, to get her to sign over her house and other assets is a form of elder abuse and it is illegal.

Expert:  Loren replied 1 year ago.

You can petition the court to be appointed your mother's legal guardian. You can then take action against your sister to recover her home.

You will also have authority to make medical decisions.

Customer: replied 1 year ago.
it was done in 2012 when her dementia wasn't as severe but it was still done. It is possible to prove that my mother was taken advantage of now that my mother can't speak for herself? Would a judge order the house be sold so that my mother can live the rest of her life in a good assisted living facility?
Expert:  Loren replied 1 year ago.

Additionally, you can report elder abuse to the Dept of Adult Protective Services. They can also help you to obtain guardianship.

See the following link for contact info: http://ocfs.ny.gov/main/psa/Default.asp

Customer: replied 1 year ago.
being her legal guardian will do me no good if I can't have access to that house so I can pay for her care..
Customer: replied 1 year ago.
i already have that link, thank you. My mother is being fed and given her medicine so I dont' think they will do anything.
Expert:  Loren replied 1 year ago.

As I said, once your are guardian you can take action on her behalf to sue your sister to force the return of her property.

Have you made the office of adult protective services aware of the elder abuse?

You can also contact the NY Attorney General's office to investigate elder abuse

Expert:  Loren replied 1 year ago.

Still there?

Expert:  Loren replied 1 year ago.

Did you have further questions?

Customer: replied 1 year ago.
you're not answering my question. thank you anyway,
Expert:  Loren replied 1 year ago.

Specifically, what has not been answered? You asked if you could petition the court for a POA and health care proxy. I answered that you would have to file for guardianship, since she is not competent.

As far as the sister is concerned, you would also need to sue her to return the home to your mother's name.

The Office of Adult Protective Services investigates complaints regarding elder abuse, including financial matters (not just physical abuse).

What else did you want to know?