Competency

[stilen621]

What is the name of your state (only U.S. law)? North Carolina
I think I did this correct Blondie, Sorry. I didn`t intend to sidetrack the other posters thread.
Quote:
Originally Posted by stilen621
Thanks Blondie, Could you elaborate the "vulnerable adult" quote for me a little. You`ve probably seen a post or two of mine about this and the reason I ask is my brother sued me to have my moms POA changed under similar circumstances and was denied for lack of medical proof, years later my mom got tired of his crap and wanted to write him out of the will and went to a lawyer to do so and the lawyer wouldnt until she saw a neurologist and he said no after reading the report on her. After that my brother then just had her change all her documents after the report. The lawyer who changed them saw her for about 10 minutes and that was it, when I asked about her condition, the lawyer just said she seemed fine to him and that was it. We have two doctors reports saying she cannot comprehend legal documents.

Stilen, please start your own thread about this. Thank you.
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It's no wonder that truth is stranger than fiction. Fiction has to make sense. ~ Mark Twain

[BlondiePB]

This definition of "vulnerable adult" comes from FL's statutes:

"Vulnerable adult" means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, long-term physical, or developmental disability or dysfunctioning, or brain damage, or the infirmities of aging.

Look in your own statutes and in the state where mom is located for information. Try Adult Protective Services under state statutes. You need to hire an attorney where mom is located to petition for guardianship/conservatorship of her. If you have not had the judgement against you cleared up, that may cause a problem with being guardian/conservator of her estate. As mom's guardian, you'll be able to undo what brother did via your guardian attorney and the court.

FL has a very nice Chapter in their state statutes regarding Adult Protective Services including financial exploitation. Should you wish to use it as a guideline and then check with your statutes and statutes where mom is located, it is Chpt. 415. There's a very nice feature in FL's statutes, "view entire chapter".

Thank you for starting your own thread.

[stilen621]

I don`t have a judgement against me Blondie, The judge/ court threw out my brothers complaint because he had no proof of her incompetency at the time. I should add that she was fairly competent at that time (3 yrs ago). I have tried DHS and they basically say any competent person can do as they want even though we have Drs statements to the contrary. Now where this whole situation gets screwy is, I have spoke to a lawyer in the area where I think mom is and they say I have a great case against my brother, the only problem is he wont tell me where she is and he knows I am lacking in funds to fight him on it.

[stilen621]

I tried to edit my post Blondie but was having issues. I do believe I did read a similar article about the Florida thing and was unable to find something that says the same in North Carolina, I did see the requirements from NC`s DHS website that says a person must be mentally competent to revoke a POA and also be mentally competent to make a new one, I guess the lawyer who drew up the docs was more worried about moms check cashing instead of her competency. He even failed to date the notarial section which he was the notary of.

[BlondiePB]

Originally Posted by stilen621

I don`t have a judgement against me Blondie, The judge/ court threw out my brothers complaint because he had no proof of her incompetency at the time. I should add that she was fairly competent at that time (3 yrs ago). .

[url]http://forum.freeadvice.com/other-real-estate-law-questions-11/help-463432.html[/url]

04-10-2009, 08:12 PM
stilen621
Member Join Date: Dec 2005
Posts: 65

Help

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What is the name of your state (only U.S. law)? Oregon
My lovely brother has a "entry of judgement" ( I guess thats what they call it ?) against me for $13,000. I`ve tried refinancing my house to pay him off and get him out of my life. But I couldn`t refinance due to values /equity etc.. He`s supposedly taking me back to court again to do something, I don`t know what. He`s sent me an email saying he`s going to take my house. Can he do such a thing ? I know this question is very vague but it`s all the info I have at this time. I asked a lawyer about this awhile back and he says if you havent been served with anything then don`t worry. But I can`t help but worry. Thanks for any info you have.

I have tried DHS and they basically say any competent person can do as they want even though we have Drs statements to the contrary.

There's a huge difference between a doctor declaring one incompetent and a judge declaring one is incompetent.

Now where this whole situation gets screwy is, I have spoke to a lawyer in the area where I think mom is and they say I have a great case against my brother, the only problem is he wont tell me where she is and he knows I am lacking in funds to fight him on it

Hire a private dective to find mom. Furthermore, you need a hire a guardian attorney in the county where mom is. Due to your own financial problems, a court appointed guardian of her estate is probably mom's best option. That does not mean you cannot be guardian of mom's person.

I tried to edit my post Blondie but was having issues. I do believe I did read a similar article about the Florida thing and was unable to find something that says the same in North Carolina, I did see the requirements from NC`s DHS website that says a person must be mentally competent to revoke a POA and also be mentally competent to make a new one, I guess the lawyer who drew up the docs was more worried about moms check cashing instead of her competency. He even failed to date the notarial section which he was the notary of.

Sorry, my plate's too full to do research. You may want to call North Carolina's Department of Elder Affairs.

[stilen621]

That judgement has been satisfied

[stilen621]

Hire a private dective to find mom. Furthermore, you need a hire a guardian attorney in the county where mom is. Due to your own financial problems, a court appointed guardian of her estate is probably mom's best option. That does not mean you cannot be guardian of mom's person.

I don`t know where mom is because my brother won`t tell me, I don`t know what city or county. I can only speculate the reason why he wont tell me, I have also asked her lawyer who won`t say either. ?

[BlondiePB]

Originally Posted by stilen621

Hire a private dective to find mom. Furthermore, you need a hire a guardian attorney in the county where mom is. Due to your own financial problems, a court appointed guardian of her estate is probably mom's best option. That does not mean you cannot be guardian of mom's person.

I don`t know where mom is because my brother won`t tell me, I don`t know what city or county. I can only speculate the reason why he wont tell me, I have also asked her lawyer who won`t say either. ?

Hire a private detective where brother lives. In addition to calling the Department of Elder Affairs, call Adult Protective Services in the county where brother lives. Remember, you are going to need an attorney. Good luck.

[stilen621]

Thanks for your help Blondie, I guess I`m heading in the right direction. On a side note. Do you personally think that there should be (if even possible) some sort of universal standard that determines competency ? I plan on leaving mom where she is no matter what as shes probably confused enough with all thats happened. I mean I would never drag her into a court and have her answer questions to this or that regarding her mental state. I think that would be downright disrespectful. Allot of time and money went into drawing up the family documents to keep things out of a courtroom, just to have one evil family member do what hes done. I`m sure things will come to light if and when the whole mess surfaces in probate court. But thats in the future so not much I can or want to deal with at present time. I`ve learned allot about allot through the whole thing. So thanks for your input.