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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 18357
Experience:  Licensed to practice before state and federal court
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My mother did a trust and a will and POA in 2012 naming me

Customer Question

My mother did a trust and a will and POA in 2012 naming me as her agent. She wanted to protect her assets from my sister who has been diagnosed with bi-polar disorder and very controlling of my mother. My sister has lost 3 homes to foreclosure and has no money of her own. She moved in with my mother 15 years ago because she had no other place to go. She started calling my mothe'rs attorney telling him that my mother wanted to change her trust and POA over to her. When they would get to the attorney office mom would say "I don't know why I am here. I don't want to change anything," I got 3 of my mother's doctors to sign papers stating that my mom was not mentally competent to make any financial decisions,. She was diagnosed with Alzheiemers in 2014. My sister found another attorney and had him changed all paperwork including signing mom's house over to her. I filed for guardianship and my sister has hired an attorney to fight it. A GAL was appointed and her opinion was that mom is fine. My mom is down to 80 lbs., my sister does not cook or care for her. She lets her lay in bed all day. Since the house in now in my sister' name, she got a no trespassing order against me and my three grown children. My mom is truly a prisoner. I have spent $10,000 so far and the attorneys tell me it could cost another $50,000 to go to trial and that I will probably lose. My poor mother is so brainwashed at this point and thinks I am the enemy.
Submitted: 1 year ago.
Category: Legal
Expert:  Legal Eagle replied 1 year ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Legal Eagle replied 1 year ago.

I'm very sorry to hear about your situation. I want to be able to help. What specific questions did you have for me regarding this?

Customer: replied 1 year ago.
How do I protect my mother?
I feel like I am being scared away by the threat of large legal fees and the so called "stellar reputation of the opposing attorney".
Expert:  Legal Eagle replied 1 year ago.

i can understand. Attorneys often use scare tactics to get people to do or not do things. I've done it myself in the past, but keep in mind that it is the law, not the individual attorney, that determines whether justice can be served. Before I continue though, could you explain to me whether a judge has already determined guardianship?

Customer: replied 1 year ago.
The judge appointed a GAL. She did not do her job and only visited my mom twice and never alone. My sister was present both times
She acted like I was the bad guy and only wanted my moms money. I have been on my mothers bank account for 20 years since my father died and I have never taken a dime from her. I have bank records to prove this. It is such a sad situation for my m. She has now given her only asset away and is 90 years old. If she needs long term care she has no way to pay for it and will not qualify for Medicaid. No one has looked our for her. A trial date has been set but I can not afford to pay more legal fees. I am 66 years old and still working full time.
Expert:  Legal Eagle replied 1 year ago.

I'm so sorry to hear about your situation. One of the things that you should consider is think about what the court is going to require in this situation. Generally, in your state, the court is going to take into consideration what the GAL says, but they are also going to take into consideration whether your mother even needs someone to take care of her. This means that they will ask her questions, if they haven't already, and also conduct an investigation to determine whether you're fit to serve as a guardian. So basically, you can look at it as who is going to be the best person to provide for the health and welfare of your mother. It's a factual issue and it'll be up to the court, but the more you think like the court the better. What other questions did you have for me?