I have a POA and am trustee on a living trust on my mother's property, also a POA health directive, Mother is 89 years old and in a board and care and has early onset dementia. She has heart trouble, lymphoma and one kidney that is working at 50%. She is uncooperative and wants to leave the board and care with my younger brother who is dysfunctional, uses substances, and takes no responsibility for everyday living responsibilities, including paying bills. Mother would be living without a washer, regular medication and in a 500 sq ft cabin with 8 dogs 10 miles from any hospital, should she live with brother. At the present time all of her needs are being met, visiting Doctors, medication, showering, meals, diapers etc. My mother has allowed brother to reside on her property for the last 40 years without any financial obligations. My question is: Do I need to file for a general conservatorship? I have 3 letters from her Doctors stating that she can no longer make decisions and have named me as the successor. Are the documents I have already enough to keep her safe and in the board and care?
I am the successor trustee on her property, the living trust states should she become incapacited I become the trustee. My concern is that do I need more than the letters stating she is incapacitated from the Dr's? I agree that Guardianship takes time and money, at the present time I will need that to evict my brother and try and sell the property upon her passing or when she is so out of it that she does not know. She has been my brother's biggest enabler, to the point where he is a cripple..... and thinks he deserves to live by the ocean in a resort area on 1 an 1/2 acres for the rest of his life. He does not even take care of the place.
Keep Mom where she is. Her health problems are such that she will not get the care she needs.
Since you have a brother who is dysfunctional and has been taking advantage of your Mom for years, you may need to petition for guardianship so that you have more legal leverage to "control" your brother's actions and to prevent your Mom from going to live with your brother in a remote cabin. You need to contact an Elder Care Attorney ASAP-- especially if your family attorney does not specialize in Elder Law to determine what you need to do next.