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momsbesty Asked December 2017

My brother and sister tricked my mom into signing over POA to them and removed me from everything. They have total control of my mom. What can I do to help her?

My mom lived with me for the past 8 years. My work travel schedule started to pick up and I needed to clean out my moms house , paint and get it ready to sell. My sister said that she would take my mom to live with her while I did all that. The plan was to sell my moms house and place her in a nice assisted living community. I gave my sister my moms checkbook so she had money while watching her. I never imagined what happened next. My sister and brother tricked my mom into signing over POA and Medical POA to them. Her house sold and they took over all of her money. Instead of using the money from the sale of her home to let her move into the beautiful assisted living home by me, they forced her to stay 3 hours away with them and moved her in with a 70 year old distant cousin's house in the middle of nowhere. My mom just sits all day with nothing to do. She wants me to take her back home with me and let her move into the assisted living home as planned. My brother and sister will not honor her wishes. What can I do to help her? Can I take her back home with me if they let me see her? I don’t believe that they have had her declared mentally incompetent. She does forget. She is 89. But she is basically very with it. She can still sign her own name etc. She hates living where she is at and wants to move into the assisted living home near me. Please help!

Countrymouse Dec 2017
If your mother is still mentally competent, which she is unless found otherwise, your brother and sister's POA cannot override her wishes. The big "but" is that she needs to tell them (and the distant cousin) what she wants.

If I were you I'd get legal advice. I don't mean run to court, but get advice. Extricating your mother from this situation needs to be done delicately and by the book if it's not to land her in an upsetting financial and emotional mess.

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