Full Of Questions

[Touché]

What is the name of your state? Iowa
As I stated in my title I am full of questions, I have tried researching my questions but the answers never seem to quite fit the problem.
So here it goes (short history) my mother has lost her mental facilities due to cancer and a reaction to chemo and radiation. My second oldest brother had her in his care for a while, he left her alone when she clearly could not take care of herself. He has tried to convince everyone she was insane to begin with. He convinced her doctor to proscribe zoloft when she really didn't need it. When the doc finally saw what it was doing to her he took her off of it. He has forged her name on some Cashiers checks to us for christmas. She is now in a care facility and is due to be out soon because she is doing so well out of his care. He is lying to us about dates of meetings and is trying to play my sisters and I against each other telling each of us that the others are in agreement about him taking her in again after she is out.
My sisters are reluctant to tri to become power of attorney, I am to far away as are two of my other sisters.
My Questions are:
1. How can we stop him from taking her back into his home? (she is left alone during the day, and we are denied access to her in his home) As a group if in agreement can we choose to send her to an assisted living facility?

2. For christmas we each recieved a 20.00 visa casheris check with my mothers name on it. We think that it came off of her visa credit card but it is not her signiture it is my brothers. I have proof that it is not her signiture. Since she was not in her "right" mind when these were sent, can we as her children get him for forgery?

3. As a group can we petition the court for someone of our choosing become her power of attorney?

4. Is there anyway to keep him from selling off everything she owns?

5. He has represented himself as "power of attorney" without proper paperwork is there anyway to stop him from doing this?

Any help in these matters would be greatly appreciated.
Thank you in Advance.

 

[seniorjudge]

What is the name of your state? Iowa
As I stated in my title I am full of questions, I have tried researching my questions but the answers never seem to quite fit the problem.
So here it goes (short history) my mother has lost her mental facilities due to cancer and a reaction to chemo and radiation. My second oldest brother had her in his care for a while, he left her alone when she clearly could not take care of herself. He has tried to convince everyone she was insane to begin with. He convinced her doctor to proscribe zoloft when she really didn't need it. When the doc finally saw what it was doing to her he took her off of it. He has forged her name on some Cashiers checks to us for christmas. She is now in a care facility and is due to be out soon because she is doing so well out of his care. He is lying to us about dates of meetings and is trying to play my sisters and I against each other telling each of us that the others are in agreement about him taking her in again after she is out.
My sisters are reluctant to tri to become power of attorney, I am to far away as are two of my other sisters.
My Questions are:
1. How can we stop him from taking her back into his home? (she is left alone during the day, and we are denied access to her in his home) As a group if in agreement can we choose to send her to an assisted living facility?

2. For christmas we each recieved a 20.00 visa casheris check with my mothers name on it. We think that it came off of her visa credit card but it is not her signiture it is my brothers. I have proof that it is not her signiture. Since she was not in her "right" mind when these were sent, can we as her children get him for forgery?

3. As a group can we petition the court for someone of our choosing become her power of attorney?

4. Is there anyway to keep him from selling off everything she owns?

5. He has represented himself as "power of attorney" without proper paperwork is there anyway to stop him from doing this?

Any help in these matters would be greatly appreciated.
Thank you in Advance.

Your mother is unable to give a power of attorney now since she is incompetent.

What you need to do is hire an attorney and file for guardianship/conservatorship of your mother. The court will then oversee her care and finances.

 

[Touché]

I understand that she cannot give power of attorney.
I have 6 sisters, 3 in the area my mother is in. None of them wants to have guardianship/conservatorship of our mother the other 3 of us are generally to far away to do it. I am only 2 1/2 hours away and even though I have my mothers best interests at heart and would never do anything to hurt my mother, I do not think my sisters would agree for me to do it because I am the black sheep of the family. I just basically need a way to stop my brother from harming her further and to see if I have the right to turn him in for forgery. My bank says my mother has to do it, but again she is not in her right mind.
Thank you for the information

 

[BelizeBreeze]

I understand that she cannot give power of attorney.
I have 6 sisters, 3 in the area my mother is in. None of them wants to have guardianship/conservatorship of our mother the other 3 of us are generally to far away to do it. I am only 2 1/2 hours away and even though I have my mothers best interests at heart and would never do anything to hurt my mother, I do not think my sisters would agree for me to do it because I am the black sheep of the family. I just basically need a way to stop my brother from harming her further and to see if I have the right to turn him in for forgery. My bank says my mother has to do it, but again she is not in her right mind.
Thank you for the information

petition the court to appoint a guardian ad litem for mom.

 

[Touché]

Thank you so much.
How do I petition the courts for a guardian ad litem and do I need a lawyer for this?

 

[BelizeBreeze]

Thank you so much.
How do I petition the courts for a guardian ad litem and do I need a lawyer for this?

It would help since you are 2.5 hours away. But it's not required.

 

[Touché]

thank you very much will call a lawyer tomorrow.

 

[Touché]

Am still wondering can I get him on the forgery??

 

[BelizeBreeze]

Am still wondering can I get him on the forgery??

leave that and all other issues for your discussion with the attorney

 

[seniorjudge]

petition the court to appoint a guardian ad litem for mom.

Actually, she needs a guardian/conservator, not a guardian ad litem.

Definitions of guardian ad litem on the Web:

* A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action.
www.duhaime.org/dictionary/dict-gh.htm

* A person appointed by a judge to look after the interests of a minor or an incapacitated person in a court proceeding such as a dissolution or a guardianship.
www.nwjustice.org/glossary/

* Someone appointed by the court to represent the interests of a minor or incompetent person in a legal proceeding.
www.partnershipforcaring.org/Resources/glossary_content.html

* A person appointed by the court specifically to protect the interests of a minor in a lawsuit or other legal proceeding. In a CINC case, the court will appoint an attorney as guardian ad litem to represent the best interest of the child.
www.jocofamily.net/glossary.html

* A person, sometimes an attorney, appointed by the court to make sure that the child's best interests are addressed in court hearings and other proceedings.
www.state.oh.us/odjfs/oapl/bk14.htm

* Special temporary guardian appointed by the court to represent the best interests of the ward or respondent in the proceedings. A GAL is appointed if the court decides that the respondent cannot determine his own interests because of impaired ability. Duties end when guardianship proceedings conclude. [Top of Page]
www.state.ak.us/guardianship/terms.shtml

* A person appointed by the court to represent a minor, child, or an incompetent.
www.sbcourts.org/general_info/glossd2l.htm

* A person appointed by a court to look after the interests of an infant, child or incompetent during court proceedings.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html

* a person, can be an attorney or a trained volunteer, appointed by the Court to represent the best interests of a child or other person who is considered incapacitated by law due to age, illness, or mental condition.
www.aoc.state.nc.us/www/public/courts/meck/disk01/glossary.html

* Person appointed by the court to represent the rights of minors.
pathfinder.minot.com/plaintext/law08.html

* A court-appointed adult who represents a minor, child, or incompetent person. (see Ad Litem)
www.co.fresno.ca.us/2810/Glossary/glossary.htm

* A person appointed by a court to represent and defend a minor or an incompetent person in connection with court proceedings; sometimes called a special guardian.
www.fdic.gov/regulations/trust/trust/glos.html

* A person appointed by the court during the course of a litigation for the purpose of protecting the interests of an infant or incompetent adult.
www.co.washtenaw.mi.us/DEPTS/courts/foc/glossary.htm

* A disinterested person who is appointed by the court on behalf of the ward to represent the ward's best interest.
www.texasguardianship.org/glossary.html

* – a lawyer or lay person who represents a child in Juvenile/Family Court. Usually this person considers the best interest of the child and may perform a variety of roles, including those of independent investigator, advocate, advisor, and guardian for the child. A lay person who serves in this role is sometimes known as a court-appointed special advocate or CASA.
www.calib.com/nccanch/pubs/usermanuals/courts/glossary.cfm

* Anyone invited by a court to present an independent report on the situation of someone about whom the court is minded to make an order. Guardians ad Litem in social work are normally appointed from panels of employed and independent social workers. Guardians in employment do not present reports on cases involving their employers.
www.socialcareassoc.com/resources/glossary/g.htm

* (In some cases known as Children's Guardian) An independent person appointed by the Court to represent the interests of a child or young person or mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action. during court proceedings. The guardian will appoint a solicitor to speak for the young person in court and will be involved with him/her during the Court case. The Guardian ad Litem is longer involved when the court proceedings have finished.
www.sixthform.info/law/03_dictionary/dict_gh.htm

* A person appointed to defend a court action or other legal proceeding on behalf of a child, or a person under a disability •Children & Civil Law
elo.legalaid.qld.gov.au/asp/glossary/glossary.asp

* A lawyer or mental health professional appointed by the court to represent the children.
www.memphisdivorce.com/Glossary.html

* An individual, generally an attorney, appointed by the court to act in the "best interests of the child." Their role is often confused with the attorney representing the child. The GAL generally acts "in loco parentis" when the parent is not capable or willing to represent the child's best interests before the Court.
www.superiorcourt.maricopa.gov/juvenileProb/forms/poterms.asp

* an independent social worker appointed by the court to safeguard and promote the interests and welfare of a child during court proceedings
www.ycc.ac.uk/yc/CHILD/wordglossary pages/cswordglossary_e_k.htm

* (ad li'tem) - A person appointed by a court to look after the interests of an infant or incompetent whose property is involved in litigation.
ilawyer.com/lawFAQ/glossary.html

* A court appointed individual who is responsible for making sure the best financial interests of the minor or incapacitated adult are met.
www.sfainc.com/glossary.htm

* <Back to Last Page> <Full Glossary> Definition: A person, often an attorney, appointed by the court to represent the interests of a child, a ward, or an unborn infant in a particular court case. The status of guardian ad litem exists only within the confines of the particular court case in which the appointment occurs. Common Misspellings: Gaurdian, gardian
stepparenting.about.com/library/glossary/bldef-adlitem.htm

* A person appointed by the Court during the course of litigation who protects the interest of a minor or an incompetent who is a party to a suit.
www.ssinter.com/ssi.glossary.htm