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Tina...I have a situation with my brother acting as

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Hello Tina...I have a...

Hello Tina...I have a situation with my brother acting as caregiver for my mom but in my opinion, he is not doing the right thing in her best interest and I would like to know if there is anything I can do to make things better for her. She is 96 and what I feel is making incompetent decisions and my brother is just as incompetent by giving in to her whims.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

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

Not yet...I have been corresponding with the assisted living facitlity which she was supposed to move into last week and my brother cancelled it because he wants her house

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

I don't know who or what to report to

Submitted: 6 months ago.Category: Legal
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Answered in 8 minutes by:
1/8/2018
Lawyer: ScottyMacEsq, Attorney replied 6 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. Is he acting as caregiver through a power of attorney or guardianship? And is she mentally able to understand the nature of her actions?

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Customer reply replied 6 months ago
I believe he has POA but not sure, he won't answer my questions or respond and I have asked mom but she has no clue what she signed when he took her to attorney to do paper work
Lawyer: ScottyMacEsq, Attorney replied 6 months ago

But is she competent, as far as you know?

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Customer reply replied 6 months ago
Not in my opinion because of her answers and actions but I'm not an expert in evaluating responses. My brother is just as incompetent acting as her caregiver
Lawyer: ScottyMacEsq, Attorney replied 6 months ago

I understand. Has she seen a doctor about her mental capacity (to the best of your knowledge)?

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Lawyer: ScottyMacEsq, Attorney replied 6 months ago

Are you there?

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Customer reply replied 6 months ago
I am here, I would like an attorney in Naples Florida, someone I can sit down & talk with
Are you in Naples? If not, can you refer a name and phone #?
Lawyer: ScottyMacEsq, Attorney replied 6 months ago

I am not in Naples. That being said, you need to contact an attorney in your area that deals with elder law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

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Customer reply replied 6 months ago
Thank you
Lawyer: ScottyMacEsq, Attorney replied 6 months ago

You're welcome, and good luck to you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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