Brother Changing Locks Without Mothers Permission

[lookup]

What is the name of your state? California.

Mother is 94 and is competent. I asked Mother if this was her wish to lock us out of her home and her reply was that she didn't give my brother permission to change locks. I contacted County Human Services for the elderly and they sent someone to investigate. They said Mother didn't want to talk to them. I told them I was also suspicious of financial abuse and they said they would investigate that. Still pending.

My son has been caring for her for 20 years or more and says my brother has been stocking and threatens him with harm. My brother told him, "He didn't deserve to live".

My brother has conservator and Power of Attorney and is Co-executor with me to Mothers Revocable Living Trust. I was in the process of getting Mother some help in Bathing and chores around the house when my brother rushed someone in and is now living in the house with her.

My brother picks fights with family members that come to visit Mother which creates a dangerous Environment of Fear and Intimidation for all.

My question is, since I am Co-Executor to Mothers Trust, can Trust money be used to hire attorneys to Protect Mother from him and others who abuse her?

 

[rmet4nzkx]

Get an EA restraining order to physically restrain your brother from abusing your mother see Ca. W&I code 156xx for applicible sections.
yes, see an attorney.
APS can be tricky to deal with, mostly for referals rather than protection also contact indepnedent living center and senior advocacy. Protection and advocacy.
You can get the POA changed whilr she is competent.

 

[lookup]

Thank you for your speedy reply. Please explain (EA restraining order) and (W&I code).

 

[BlondiePB]

I agree that you need an Elder Law attorney. If you have not read your state's statutes regarding elder abuse, do so immediately. You did state that your mother was competent, correct?

My brother has conservator and Power of Attorney and is Co-executor with me to Mothers Revocable Living Trust.

Conservators need court documents stating that they are a conservator.

I was in the process of getting Mother some help in Bathing and chores around the house when my brother rushed someone in and is now living in the house with her.

You need to learn what is a vulnerable adult. You'll find this in elder abuse.

My question is, since I am Co-Executor to Mothers Trust, can Trust money be used to hire attorneys to Protect Mother from him and others who abuse her?

This depends on the terms of the trust and whether you only require one signature to use the money. An Elder Law attorney can give you a free initial consultation. Call one ASAP.

 

[lookup]

BlondiePB,
Thank You for taking the time to Review our problem. We have some good ideas now, THANKS TO YOU and rmet4nzkx! God Bless.