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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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Good evening. my brother lives in las vegas in the same

Customer Question

good evening. my brother lives in las vegas in the same development as my mom. shes 83, and he is 60. he is taking all of her money, and is verbally abusive. very mean and nasty to her. is there anything that can be done? I live in new York and I am at my wits end. she is afraid of him
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening. Is your brother appointed as a conservator to assist with your mother's affairs? If not, how is he taking her money every month - does he have access to her bank account (and if so, how?)? Is he forcing her to write checks to him? Or is he going into her house and stealing cash? The options are going to depend on exactly what he's doing.
Customer: replied 1 year ago.
As sad as it sounds he is afraid of him and he gets her to give him the bank card
Customer: replied 1 year ago.
Correction she is afraid of him
Customer: replied 1 year ago.
no he is not an appointed conservator
Expert:  Lucy, Esq. replied 1 year ago.
That is very sad, but it's also good news - which sounds kind of weird, but it's true. If he were appointed as a conservator, she'd have to go to court to get him removed. The problem is, the answer is for her to cut off contact with him. Change the locks if he has a key. Not answer the door when he knocks. Call the police. Cancel the bank card. Change her PIN and not give him the new one. Move if necessary, but she needs to STOP giving him money. It's not theft if she's voluntarily giving it to him. Police aren't likely to proceed against him when she's giving the card voluntarily, even when she's afraid, because she has to prove that he's threatening her or otherwise forcing her to hand it over.
Expert:  Lucy, Esq. replied 1 year ago.
If she's utterly incapable of saying no to him, you can try to get yourself appointed as conservator, but that's problematic when you're living on the other side of the country. It could work if there's someone else in the area you trust who could take over control of her bank accounts.
Expert:  Lucy, Esq. replied 1 year ago.
You can also report your brother for elder abuse.