Marthacoats94 Asked April 2011

My brother has our mother with mild-dementia sign a will that he typed up to give him everything. How can I handle this?

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my brother had my mother with mild dementia in assited living sign a will he typed up to give him everything-does not have required signature. i do not have the money to hire an attorney-in previous papers wished me to have a bedroom set-have not discussed with her for stress reasons-how or who do i go through to solve this-is this elder abuse

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Eddie May 2011
MARTHA:

Sorry for the typo. I meant " 'her' brother."
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Eddie May 2011
Way to go Lilli! ... He can also request assistance from AL staff. Then have a conversation with his brother about the latter's self-serving -- if not greedy -- objectives.
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Martha sorry to hear about what your brother is trying to do. Who has POA? Unless your Mom was found incompitent by a judge I believe she can sign for herself. And if your Mom is in early stages of dementia, all her money unless she's got plenty, she will most likely out live her money. My sister knowing my Mother was not right took her to a attorney for same reason. Mom needed a Dr. not a lawyer. She never took her to Dr. but at that time I was mad at Mom over something horrable she did to me, I later forgave her I later realized it was the dementia not Mom. Anyway I eventually took the reins and got POA and I did whatever it took to get Mom in a safe place (Mom was my first priority) I luckily had just enough money to care for her until she was impossible and broke and got her on medicaid I had no other choice and my sister acted like "I" did something wrong because she focused on money and herself, she thought that was my motivation as well. She gave me a hard time when I needed help too. Well Without getting into details, her attitude back fired and blew up in her face. Mom is good and safe, I reached my goal. I live with peace in my heart.
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dotsi May 2011
Good luck and God bless.
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dotsi May 2011
Contact alzheimers fndtn,they will direct you .had same thing happen,went to court ,sought guardianship,judge corrected situation.YES this is a form of abuse.
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NancyH Apr 2011
I would also check with a law school nearby and ask if they have students or a teacher that will draw up a will for you for free or really cheap. Would be good experience for students to do I would think.
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toadballet1 Apr 2011
I do not think the paper that your Mom signed is legal because she has dementia. Wills need to signed, witnessed, and filed according to state law.
You need an attorney. If you cannot afford one, contact you state's bar association - they have attorneys who can help you for free or for a reduced fee.
Also, contact adult protective services and let them know what your brother did.
Here is the Idaho State Bar Assoc. website: http://www.isb.idaho.gov/ilf/ivlp/seeking_legal_assistance.html
good luck
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