I Need Help for My Mom...

[bzdmk]

Oh Dear...

First off, I'm sorry you are going thru this... Family issues are really complicated...

Anyway, I'm not a lawyer but my advice would be:

1) Make a decision whether you are ready to fight legally with your sister. And whatever research and plans you have, don't tell her. Angering her will only make things more difficult for you as she'll find ways to block your plans.
2) Talk to the hospital's doctors, nurses, social workers and whomever has contact with your mom, explain the situation and ask them if they would help you. If they say yes, based on what they told you, draft an affidavit for each person and ask them to edit and sign when they are comfortable with the statement on the document.
3) Get a 'Power of attorney' to represent your mom. Have the doctors sign a statement evaluating mom's state of mind at the time she signed the doc. have a notary with you if possible.
4) Talk to a lawyer (first consultation is usually free) and ask all your questions and make sure to make notes specially of form numbers, case category, etc. Then gather all forms to file a suit against your sister.
5) Go to the bank and ask what are the procedures to take the control back from your sister.
6) Research on how to get a restraining order against your sister based on the medical affidavits you collected.
7) in some cases, the court will appoint you a staff attorney, or you can even ask how to get free help.

I hope this info helps you. I had to go through all this in a different situation. Still not fun at all...

Good luck to you!!

 

[BlondiePB]

First off, I'm sorry you are going thru this... Family issues are really complicated...

Anyway, I'm not a lawyer but my advice would be:

1) Make a decision whether you are ready to fight legally with your sister. And whatever research and plans you have, don't tell her. Angering her will only make things more difficult for you as she'll find ways to block your plans.
2) Talk to the hospital's doctors, nurses, social workers and whomever has contact with your mom, explain the situation and ask them if they would help you. If they say yes, based on what they told you, draft an affidavit for each person and ask them to edit and sign when they are comfortable with the statement on the document.
3) Get a 'Power of attorney' to represent your mom. Have the doctors sign a statement evaluating mom's state of mind at the time she signed the doc. have a notary with you if possible.
4) Talk to a lawyer (first consultation is usually free) and ask all your questions and make sure to make notes specially of form numbers, case category, etc. Then gather all forms to file a suit against your sister.
5) Go to the bank and ask what are the procedures to take the control back from your sister.
6) Research on how to get a restraining order against your sister based on the medical affidavits you collected.
7) in some cases, the court will appoint you a staff attorney, or you can even ask how to get free help.

I hope this info helps you. I had to go through all this in a different situation. Still not fun at all...

Good luck to you!!

The OP's mother was diagnosed with dementia almost a year ago, so how can she be competent to sign a POA?

 

[sjohnson1]

The OP's mother was diagnosed with dementia almost a year ago, so how can she be competent to sign a POA?

On this note, with my mom being diagnosed with dementia how does what my sister had changed be deemed as valid? Why is APS considering these documents valid when they were told by Shepard Pratt and myself about my moms diagnosis. My mom was diagnosed much before my sister had my mom sign any papers.

 

[sjohnson1]

First off, I'm sorry you are going thru this... Family issues are really complicated...

Anyway, I'm not a lawyer but my advice would be:

1) Make a decision whether you are ready to fight legally with your sister. And whatever research and plans you have, don't tell her. Angering her will only make things more difficult for you as she'll find ways to block your plans.
2) Talk to the hospital's doctors, nurses, social workers and whomever has contact with your mom, explain the situation and ask them if they would help you. If they say yes, based on what they told you, draft an affidavit for each person and ask them to edit and sign when they are comfortable with the statement on the document.
3) Get a 'Power of attorney' to represent your mom. Have the doctors sign a statement evaluating mom's state of mind at the time she signed the doc. have a notary with you if possible.
4) Talk to a lawyer (first consultation is usually free) and ask all your questions and make sure to make notes specially of form numbers, case category, etc. Then gather all forms to file a suit against your sister.
5) Go to the bank and ask what are the procedures to take the control back from your sister.
6) Research on how to get a restraining order against your sister based on the medical affidavits you collected.
7) in some cases, the court will appoint you a staff attorney, or you can even ask how to get free help.

I hope this info helps you. I had to go through all this in a different situation. Still not fun at all...

Good luck to you!!

I am going to follow each of your steps to the best of my ability and beyond. Whatever doesnt work, I will press on to the next thing. TYSVM for your input. I will continue to search and persue any avenue that will bring me closer to keeping my mom safe, there is no other choice, she is my mom.

 

[BlondiePB]

On this note, with my mom being diagnosed with dementia how does what my sister had changed be deemed as valid? Why is APS considering these documents valid when they were told by Shepard Pratt and myself about my moms diagnosis. My mom was diagnosed much before my sister had my mom sign any papers.

Sorry, I can't read the minds of APS. This is why you need an attorney. Again, ask the attorneys you are going to have a free initial consultation with about reimbursing your attorney fees should you be appointed guardian.

 

[sjohnson1]

Sorry, I can't read the minds of APS. This is why you need an attorney. Again, ask the attorneys you are going to have a free initial consultation with about reimbursing your attorney fees should you be appointed guardian.

Reimbursement? That normally means you have to put money out first and I just dont have it.

Thanks so much for your reply though. Your time and effort are absolutely appreciated! Pressing on and thankful for any and all feedback!