Mom with Alzheimers

[stilen621]

I live in Oregon, My mother was deemed incompetent by two physicians last year as for as understanding legal and financial concerns. One was a neurologist who did an MRI and his conclusion was alzheimers as stated, her personal doctors report says severe dementia. I had POA and was taking care of her for 2 1/2 years then my brother took her to North Carolina and the very next day had a new POA drawn up. The copy of the POA that I was sent has a notary stamp on it from a lawyer but the day and month was left blank. Everyone I have spoken with say`s that my brothers POA is null and void because of my mothers incompetence, I believe this to be the case but was hoping for a little reasurence. Any insight is greatly appreciated. Thank you

Also, if this is indeed the case, what would be my next step in getting this issue resolved and to make my brother leave me alone ?

 

[Dandy Don]

Talk to a family law attorney about whether you need to file for conservatorship for your relative which would put you in control of her finances legally. You could inform him that his POA is invalid but it won't do much good since he is going to ignore anything you say.

 

[stilen621]

Thanks Don, I`ve heard of doing that, getting a conservatorship. Times are tough right now financialy and as we know lawyers are not cheap, is this something I can do myself thru the courts ? Thanks in advance. I`d also ike to add that when my brother did this he knew she was incompetent and just convienantly let it slip his mind when he had her change it at his lawyers office back east as all the documents were already drawn up before hand and the lawyer had no idea she had already been diagnosed. Then he put her in a home and wont tell me where she even is. :-(

 

[Dandy Don]

Don't just automatically assume that lawyers are expensive. At least interview with one or 2 family law attorneys to see what they would charge.

 

[stilen621]

Don, I`m about to lose my house because of alot of this so money is a very important issue right now for me. Is it difficult to persue a gaurdianship/ conservatorship. There also is a lawyer here in town who says he is representing my brother and our family trust knowling full well that my mom is incompetant to do so and wasn`t when my brother had the lawyer back east draw up the new one, dont the lawyers have an ethical obligation to bring this to someones attention ? I know my lawyer that I had wouldn`t change the trust due to my mom`s condition which is why he wanted the MRI done last year to make sure she was competent to sign the papers. She wasn`t so he didn`t. Does that make sence ?