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Filing Elder Abuse RO with open criminal investigation

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AnArtist

Junior Member
Calif. I was advised by an attorney to file a restraining order to get my abducted brainwashed mother back home before she looses her home (rev. mort.). Paranoid Schizophrenic 1/2 brother had made several attempts of abduction since June of 2018. Nov 5th he succeeded. He has been abusing our 90 yr old mother and has wiped her out financially. He's holding on to her so she looses her home too and has to stay with him so he can milk her for every dime.. 11/10 went to their bank and showed bank statements of her money being transfered right after SSA deposit emptying her account into his. Showed a letter from Doc saying she suspects son abusing her and cognitive decline & memory loss.

Next day filed a police report with same evidence. Cop goes over afterwards to see mom at bro's apt. Mom accuses ME of stealing her money! I didn't know that she had to protect bro. Went to police station to get copy to ad to the RO I was filing. Was told cant have it, it's open and I am the suspect. I need to get this before a judge a.s.a.p. by filing the RO but with me being accused and NO evidence that I have committed a crime and being a mandated reporter.

His account: he was the beneficiary for and mom was the rep payee since 1980's. He has had direct access to his $ for years through phone/internet/ATM. With NO oversight of the bank of either account he was STILL able to continue account takeover because the bank even after bringing this to their attention let it continue!. Mom's account history screams of abuse. Payday loans consuming ALL her money before he outright started stealing it.

He is recklessly neglecting her using threats of harm to me to control her, emotional & mental abuse, he has filled her with so many lies like - I sold all her clothes and things that are here at her house. I would never do that! I have been her caregiver for years as far as doc. appnt's, picking up meds, anything she needed like hand rails, walker, anything she wanted or needed I got it without hesitation. She and I had a good relationship and she made me promise to her that I would never let her go to a nursing home. That's why I am here!

She has been Brainwashed, Isolated, deprived going to doc. appts. (missed 5 now) has glaucoma and he refuses to pick up her drops even though they are paid for! Her eye glasses have been waiting for 2 months to be picked up. She needs her blood pressure meds and a monitor. Without the drops and meds it accelerates cognitive decline and she can can go blind, stroke or heart attack. Called APS no good! They say she wants to stay there. They ask her in front of him in his apt. I have witnesses to so many things he is doing...

I put copies of all the evidence I have on a cd and sent it to the detective and should be getting it soon.

My question is : Even though I am accused of this can I still file the elder RO? If that is not an option ... could I file Promissory Estoppal to get her away from him and back home? Thanks.
 


quincy

Senior Member
You cannot file a restraining order for your mother.

You should contact the Adult Protective Services agency in your area again to report the suspected abuse of your mother - and you should have an attorney of your own to defend against the claims being made against you.
 
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AnArtist

Junior Member
I have contacted APS many times. The social worker called me just before closing the file. She is aware of the neglect. My mom told her she doesn't have these items and would really like to get them. The worker did nothing.
I cant afford an attorney I have ran out of money paying my moms bills so her son can keep ALL her money!
 

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