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If there is anyone who is an attorney or if you work in the law enforcement, I need an answer. My elderly mom was at my sister's home when mom had a UTI and my sister took mom to the hospital and after the hospital stay, mom was took to physical therapy rehab for 6weeks. During this time mom asked my sister time after time to bring her car and her personal belongings that was in the car, and park the car in the parking lot. But she would not, now that mom is out of rehab she still refuses to bring it back to her after mom has asked her over and over again. She now wants to charge mom $200.00 for the car sitting on her property and will not let mom pick it up without the money. What can mom do to get her car back, she is the sol owner of her car and has the tittle.

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Can someone else go pick up the car with her spare set of keys ?
Also is Mom even capable of driving ?
Maybe she shouldn’t have the car if she may drive when she shouldn’t. In that case the car could be sold .
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Reply to waytomisery
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My sister will not let anyone come and pick it up. She is being a bully about it. Mom is unable to drive it at this point, but she needs it back in her possession so she can sale the car. My sister wants to sale the car and keep half of the money, it doesn't belong to her it belongs to mom, she paid for the car. She will need the money for rent and utilities.
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Reply to Butterfly62
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waytomisery Dec 4, 2024
I’m assuming Mom can show proof of ownership and registration , and car insurance . Mom should go along to pick up the car ( you’ll need to bring an extra driver to drive Mom’s car back ). If sis refuses to let the car be taken , call the police and show them documents proving Mom owns the car , it’s registered , car insurance and Mom’s drivers license as ID and Mom will have to tell the police she wants it driven back by whom ever she has brought along .

If that doesn’t work , a lawyer would be the next step .
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If the car is registered in moms name, mom can call the police and report a stolen car.
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Reply to Anxietynacy
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If your Mom is a safe driver, have her get the spare key and and go get it with you or someone capable to stand up to your sister.

You Mom needs to bring the car title with her. If she can't find the title she'll need to get a duplicate at the DMV since she won't be able to sell it without the title anyway.

As others have suggested it might be a good idea to have another driver in this situation in case your Mom becomes too upset.

If sister approaches your Mom and physically prevents her from getting into her own car, call 911 right in front of her and report it as stolen. If your Mom doesn't have a spare key (not even a valet key which is not electric) then you'll have to demand the key from sister. Sister's story of being owed money as the reason to hold her car hostage won't mean anything to the police if your Mom has the car title with her (because money owed is a civil matter and car theft is a crime matter). Proof of ownership is all she needs.

Before she drives away with her car, make sure to check the contents to make everything is still in it. Take pics/video of contents. Even check inside the trunk. Go with a set of jumper cables If the car doesn't start because it's been sitting there unused.

Don't go there unless your Mom is ready and willing to call the cops on her. Then be prepared for her to never talk to you again.
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Reply to Geaton777
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Picking up the car is rather straightforward; if mom is the registered owner (and has the current registration to prove it) she just goes and gets the car. If sis refuses to let her take it, or allow her on the property, mom calls 911 and requests the police to respond, who will inform sis that the car is mom's and not allowing mom to get it is tantamount to theft. If it's only mom's name on the title, then mom is within her rights to sell it, according to the procedures set forth by the DMV in whichever state mom lives.

That said: WHY is it sister is not allowing mom to take the car, and seems to feel that she is entitled to this car, or at least to a storage fee? Had mom been living with sis for a long time and not contributing to household expenses? Did your sister help pay for maintenance/upkeep on the car (insurance, repairs, routine maintenance, etc)? Did mom promise her this car as repayment of some sort? Has this "sense of entitlement" been your sister's pattern all her life, or is this something recent? Because you state in your profile that mom has dementia, and if sis has been mom's primary caregiver for some time, I can see where mom might have promised her the car and now can't remember that she did so.

Also, how far into dementia is mom? Could this be a matter of your sister feels mom is no longer capable of driving safely, and this is a way to keep the car away from her? Because we see the question all the time in the forum "how do I keep my parent with dementia from driving anymore?" and this would certainly be a way to keep that from happening. Certainly, mom's insistence to have her car during her 6 weeks in rehab parked in the parking lot with all of her belongings doesn't sound quite "right" to me. It sounds suspiciously like the paranoia of someone with moderate to severe dementia. If that's the case, you might want to take a pause and reconsider mom getting her car back. In fact, for mom's sake, you might just want to side with your sister in this instance.
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Reply to notgoodenough
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Butterfly62 Dec 4, 2024
The answer is No, to all your questions about sis. She has been this way for many years now thinking she is entitled to everything including mom's money and foodstamps and car. Mom was not living with her. She was visiting stayed only three nights and two days when my sister took her to the hospital. Mom was living with me and had been for nine months. Mom entrusted me with her money and paying her bills so that my sister could not borrow anymore money or foodstamps from her. I am not her POA as of yet. Mom, is capable of making her own decisions. The only reason she wanted the car brought back at the rehab was because she knows how my sister is and did not want her to sell the car. Because lords knows what she is capable of doing. I don't know what to do. Because you cannot talk to her like a reasonable person. She is manic, and goes belistic. So that is what I am dealing with.
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You will go to your local police station or county Sheriff's office and you will say that sister took her car while in rehab and refuses to return it. The sheriff or police will accompany you, your mother to sister's house. You will collect the car and return home with it.
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Reply to AlvaDeer
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Call the police where she lives and tell them sister will not return or allow Mom to have the car picked up. Ask if an officer can be there while someone picks up the car for her. Take Mom, her license and the title with you. The registration and insurance card is probably in the car. Police can see from license tag that the car is registered to Mom.

Sister cannot sell the car without a title. Another way to get it is to have a tow truck go and get it at night. Boy, sister has nerve charging Mom to park her car there.
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Reply to JoAnn29
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