APS has been called by my brother, 7 times in the last 4 years after being removed as POA because he called them after my mom and dad got into a fight about selling the ranch. After that he was deemed unfit for the POA job. Our parents have been together for 68 years and my father just passed away at 87. He was also caught telling her she has Alzheimer's. Is this appropriate behavior? I am working hard to keep my mom in her home. He called the police the other day like he is building a legal case. So much time and energy diverted from helping her.
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I will add, it is common for adult children to disagree on future care arrangements for their parents.
It can get polorised into 'keep Mom at home' vs 'Mom needs to move into care'.
There are always reasons driving those views. There vary as the day is long; move to 24/7 care required (viewed as ranch stealers by others?) to heartwarming wishes to keep Mom happy (viewed as dreamers by others?)
Can I ask:
Is there a diagnosis of Alzeimer's Disease?
Let's start there. With how your Mom really is.
Is her Alzheimer's documented? If it is, any POA she'd assign at this point wouldn't be valid as she isn't competent to assign it to anyone. The fact that he's on tape telling her she has Alzheimer's is all the more damning for him as it shows he knows she's not competent and is trying to coerce her.
He's not the brightest bulb in the family chandelier, is he?
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An attorney could help guide you through the restrictive options, and whether to ask for any additional restrictions, as well as at the courthouse where you'd have to go to get the order. When we got one, we didn't have any hearing, just met with the TRO rep, who took the Petition to the Judge while we waited. The Judge did make a few changes, but we got the TRO signed.
A sheriff made service. You can't (and wouldn't want to) make service yourself.
You'd have to check with either a local District Court or County as to which has jurisdiction.
An alternative is more complicated and perhaps less likely to result in what you seek. Filing a Petition, attending a hearing, and presenting the matter to a judge would not only be more costly, but there's a likelihood the judge may rule against protection. And the hearing could be explosive, if your brother shows up (he would be required to when he's served with a true copy of the Petition).
If you can find get any police reports from past meddling, that would help. If they're several years old, the question may be raised as to whether or not your brother has changed, so think about and discuss with an attorney what documentation would be required.
The video would definitely provide supportive evidence.
You might raise with the attorney whether or not there are also grounds for you to get a protective order yourself, and how to protect your mother's assets from any kind of theft or other nefarious activity.