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peggy38 Asked January 2012

My brother and sister in law kidnapped mom in2008. They moved to another state and never told my sister or I. What can I do?

they have a poa covering everything she is in medicaid n/h. my brother said under oath,at my conserership court, brother confessed that he stoled,extorted, and abused her. judge did not even look at conservership papers i paid over 8k for. then he left my brother keep conservetorship with him. the lawyer that made poa will not tell my lawyer if he did this; no one can help. does this mean i should just drop everything. i have taken every action i can think of. now what? this hole thing is in illinois florida, and tennessee. i live in dallas,tx.

EXPERT Carol Bradley Bursack, CDSGF Jan 2012
I'm so sorry about this mess. Whether you wish to keep fighting legally is your decision. Another attorney may be able to get this straightened out but it could be expensive. I don't see anyway to fight it but through the courts since it's already been in court. I wish you well. If you give up, at least you know you did all you can. If you keep fighting, I hope you win. Either way, don't blame yourself.
Carol

Eddie Jan 2012
PEG:

If I got your story straight, Mom is in a Medicaid-covered NH. I assume she doesn't have any assets to speak of, otherwise that predator brother of yours wouldn't have spilled the beans so quickly. He'll be grappling with his demons for the rest of his life, so I wouldn't worry so much about him.

If I had been the judge I wouldn't have wanted to get into an interstate consevatorship mess either, but made some recommendations as to what's best for your Mom. If you didn't have a Care Plan of your own, or failed to articulate it clearly because the emotions got the best out of you (particularly anger),, I can understand why he left her with that vulture. Apparently she was stable enough for him. In my opinion, the judge seemed more concerned with what he'd be having with his drinks; your brother's lawyer just wanted to get paid; and yours didn't want to go the extra mile unless you made it worth his while. Which goes to show you that in this country justice serves those who serve themselves and has a price tag attached to it.

Back to your Mom. For now, drop by to see her and make sure she's comfortable and thriving in some way. As to your brother and his sidekick, send a Letter of Forgiveness that appeals to his religious sensibilities (if he has any) and offer to lend a hand with caring for Mom.

You'd still be fighting for Mom's best interests, just not taking the bull by the horns this time. Be cunning, resourceful, and take advantage of every opportunity without breaking the bank.

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Mayasbop Jan 2012
Legally, there has to be a record made of ANY legal proceedings. It may take a while to actually get a transcript, but there absolutely has to be a written record, period.

peggy38 Jan 2012
thank you for your answers, i cannot appeal, it has been more then 30 days. also no court reporter in court so i have no proof. should i put in a complaint to the board of attorneys or let it go. i cannot even get legal aid for myself, my mother was compotent when she wanted to cross mike off the poa and trust,
and the ladies in n/h office pulled it out of her hand. every time i have seen her, she wants to go with me. i cannot afford the "price" for justice.

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