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NeedingAdvice2 Asked June 2018

Mom (93) has dementia. Brother lives w/ her, got her to sell him her home on balloon note, payable when she is 102 yrs old. Any suggestions?

No payments or interest. Happened 3 yrs ago. Had dementia at the time but they didn't take her to dr about it until 1 month after papers were signed. She has nothing. Receives small SS and widow VA pension. Needs to be in NH but no money. She has run away several times, called police she was held captive. Was locked in house alone, climbed out window and fell. Couldn't get up. No physical illnesses. Have heard that he got her to release lien and got larger mortgage on house for the equity. Other family lives over 1000 mi away. She gets agitated when she can't see him or know where he is. What can be done? Dr says if she had physical illness she could get into NH on Medicaid but not w/only dementia! Dementia is as serious as a physical condition. She is a danger to herself. Any suggestions?

bicycler Jul 2018
NeedingAdvice2, if you believe your mom is being neglected and/or abused, then do call the state's adult protective service (APS) and differentiate between what you know to be factual and what you suspect. Most state's APS offices have authority to thoroughly investigate. If live-in POA brother is found by APS to guilty of neglect or abuse, then be prepared to implement a new plan for your mom's well-being. If she is found to be incompetent, then she will need a legal guardian.

GardenArtist Jun 2018
"Have heard that he got her to release lien and got larger mortgage on house for the equity"

The only way your mother could release a lien is if SHE held the lien and the debt was owed to her.

Whoever told you this doesn't have accurate facts or understanding of liens.

I wonder how much of the other information you have is based on hearsay? Do you have documentation? Have you checked the register of deeds to verify any indebtednesses?

As to a balloon note, a note "evidences" an indebtedness; a mortgage 'secures it". Who drafted the Note? If periodic payments were not required, the entire balance would be due at maturity. Who has possession of the Note?

If you've verified the allegations, then contact the local or state agency handling elder abuse, ask for advice on what can be done, and if the state has a elder law agency, contact them and get their opinion on this.

But first, verify the facts, with documentation.

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baskethill1 Jun 2018
I think youd better call the states attorney

NeedingAdvice2 Jun 2018
The brother

GAinPA Jun 2018
Who has POA?

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