Last year, without any of my siblings knowing, my brother received POA on my mother. My dad recently passed before she signed the POA to him, so she was not in the right state of mind at the time. i am not well informed about the subject, but I thought one had to go through a mental test before signing POA to anyone?
Anyways, for the first few months, my brother would not allow me to see or speak to my mother. After visiting her everyday and calling her three times a day for the past 40 years, this was devastating to me. Eventually, I was able to call her, but still not able to see her in person. When we talked, she told me how terrified she was of him because he would yell at her for everything she did. She also told me that he was constantly buying expensive things. He is not a wealthy man, so I know he went into her finances and spent her money on himself.
I talked to my daughter about and she was able to arrange for some people to check up on my mother, but my brother would not answer when they arrived so they left him a note. When they went the next time, they found everything to be alright , most likely due to the note warning him that they would be back. My mother, still in fear, will not speak ill of him. When I mentioned I was going to need her to tell someone of the threats he makes to her, she quickly changed the subject to make it seem as if she had never told me. I know she is scared and it breaks my heart.
Today, for the first time in a year, I was able to see her, despite my brother's warning of her being mentally unstable and unhealthy. When I arrived at his farm, I noticed a new tractor parked next to a new car. I also noticed how my mother flinched when my brother walked past her.
My husband and I spent all day with her and her siblings. Not once did she show any signs of mental instability. On the phone calls he now allows me to have once a week, she talks to me like she has her whole life. Nothing feels off with her, yet he told me a professional declared she was incompetent. I don't want her living with him any longer as I know it's killing her being away from her house. She was almost in tears when we left her today and begged for me to bring her home with me.
I really, really want to help her, but, I'm completely ignorant when it comes to legal issues and I have no clue on where to begin. Is it even possible for me to do anything once she has been deemed incompetent? If I were to get my mother to speak to someone of the way he treats her, would it help at all considering they consider her incompetent?
I apologize if my wall of text does not come across as clear since it is late and hard for me to write about this, but any advice on what to do would be greatly appreciated. I do not care about the money, I just want my mother to live her final years as peacefully as she can and I know that is not possible in her current environment. I know I should be asking a lawyer these questions, but my daughter and I are not able to meet with one for about another week. I feel so powerless right now, so I'm just looking for some hope from anyone that I can stop him...