Follow
Share
This question has been closed for answers. Ask a New Question.
Sounds like a real mess. If the court evicted him, maybe the police have to come to physically remove him for violating the court order? Did his POA get revoked too?
Helpful Answer (2)
Report
New4me333 Jan 2019
no , we have not pursued having it revoked , just dealing with him taking her to different friends and relatives home, at all times thru the night, to hide her from us talking to her on the phone or having a nurse come and visit her or even going to doctor appts as we've prepared . We realize that living in others states is a problem , however my sister is making plans to move , but that's not until another year.
(0)
Report
Did he take Mom to a lawyer? Did she sign the paperwork with witnesses present and notarized. If not, then there's no POA.

If he was able to do the above, was Mom found incompetent before. If so the lawyer should not have drawn it up and it probably could be revolked.

If the eviction is court ordered and he hasn't left by the date he was suppose to call the court and see if they can authorize the local police to escort him out. If he leaves belongings, ask what your legal rights are to get rid of them. I would not throw them out. Box them so nothing gets damaged. Store where they won't get wet or damaged. When you find out how long you have to keep them, write him a certified letter explaining if he is not there by a certain date, you will get rid of them.
Helpful Answer (2)
Report
New4me333 Jan 2019
Thank you , yes it was done at her bank? so I assume it was legally done. the court questioned her and found her to be competent , that's why the order was granted , however before these 10 days of his eviction, he's managed to manipulate her into changing her mind. so he's refused to leave based on that? Her dementia was just diagnosed (3mos) . BTW I and my sister live in another state .
(1)
Report
We have tried to be cordial and not argumentative , knowing this adds to our mom's stress level . but he doesn't care about any of that , he just plays the victim .
Helpful Answer (1)
Report

I'm confused.

Your mom has dementia ( and by definition, needs supervision).

Brother has POA and lives with her.

He's been evicted ( at whose behest?) but no one else is there to see what care mom needs, wants or requires.

Someone needs, at least short term, to go to where mom is and figure out what she needs.
Helpful Answer (1)
Report
New4me333 Jan 2019
Yes, originally my sister who is planning on moving there soon, had obtained the POA, we recently discovered in court that he had also had obtained a POA 2 days before hers. My sister with the help of her husband frequently visits and was able to have a RN come 2 days a week , that was increased to 3-4 days when she was diagnosed . We have a niece that lives near by that has been visiting daily , but is intimidated by him and refuse to go in if he's there . During my visits and my sister over a 3 year period , we realized her finances and the up keep was not being met . We again tried to talk to our brother , with no results , so we ask him to leave, he refused. We started court procedures and sent him a warning letter, still he refused. We have recently went to court and my mom attested to the judge and an order was granted and 10 days was given and today will be the day for his eviction, however he still refuses , nothing packed or moved. He states she has "changed" her mind and wants him to stay . We don't want him to be harmed but enough is enough . To our knowledge he is of sound mind , even the judge said as well, however he is "acting" irregular . We will be getting police assistance and having his things removed , with locks changed .
(2)
Report
Need much more info.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter