My brother is guardian of our Mom and he won't let me see her. What can I do?

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Francy Asked January 2014

My brother is guardian of our Mom and he won't let me see her. What can I do?

I live 5 blocks from my mother & have always been here to help her for anything & everything she has needed. My brother live 2 hours away. I've had a key to our mothers house over 34years. My brother has all locks changed &gives everyone a key but me. He walks in moms house one day & said 'I now own mom & all her money' I knew at this point what was going to happen. He threw me out of our mothers home. My mother ask about me. She wonders why she can't see me. She has demitina. I feel so sorry for her. I cry I can't sleep. My brother never liked our mother. He never came home for holidays but now he makes sure he is there every holiday so I can't see her. Help what do I do?

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score 1 · Answer 1

Wait a minute here... I think you need to consider that the long distance sibling may want to assert his or her rights as a son or daughter, but the children who have been doing the heavy lifting of the day to day care should have a LOT to say about what a good schedule for visiting might be.

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score 0 · Answer 2

kazzaa, I agree, something is left untold. Why did the Judge pick the brother who lives two hours away and not the brother who was living there? What went wrong? You know the Judge does look at all the financial stuff, they do follow the money. You can't be a Guardian if you can't account for it.

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score 1 · Answer 3

I agree, lawyer.

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score 1 · Answer 4

You need a lawyer asap

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score 1 · Answer 5

Unless there has been some form of elder abuse from you to your mother, such as using her for her money, exploitation, he has no right to keep you from her. He would need proof and a protective order to keep you away. Him doing this is probably something that will help your case because he is keeping you from her. You need to have every piece of documentation stating your care for her previously as well as every attempt to see your mother. Even if you have past receipts showing you cared for you mother, accompanied her to doctors also etc. He has no right to keep you from your mother. I would send him a certified letter stating you want to see your mother. Also include he respond back to you by a certain date if he is agreeable to your request to see her. If he refuses or ignores letter it is more documentation he is keeping you from your mother. After he refuses or ignores letter If you feel inclined, you can call police to check on her wellbeing as you have been denied access to her. This will generate a police report, you can request a few days after police respond.This documents you are checking on her wellbeing and she is cared for properly. They will investigate and your elder protection agency will probably be notified. But followup on that agency your self. Guardianship can be overturned if it is shown he does not have your mothers best interest in his decisions. This all takes much strength to do..... you can do this!

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score 0 · Answer 6

I know this can happen because it has happened to me. My dad requested to have me as his guardian in court and the judge appointed a different sister. The sister who was appointed has not had anything to do with my dad for years. the judge appointed her because my family is fighting and her side of the table was louder than ours. No-one in my family said anything against me, some just said they didn't want me. they are jealous because me and my family have a great relationship with my dad. Now, I can only see my dad at scheduled times and it is scheduled by my sister who doesn't like me. the only resolution is to contact the judge or go back to court.

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