I wish I would of never got an attorney my brother in law has even got them to take my disability I have no more money to fight them. I appreciate the time you have taken to speak with me and my partner, regarding our client, and her mother. The purpose of this letter is to identify some of the concerns that client has regarding the care of her mother by, R’s sister. In so doing, R is hopeful that you will be instrumental in brokering an agreement between her and her sister. She simply wants to be able to see her mother, make sure she is cared for, and be involved in major decisions regarding her care. Though she may have a cause to allege undue influence or exploitation of a vulnerable adult, R has no plans to do so at this time.
One question that you raised when we spoke was where R has been for the past two years. I think it best to look back a bit further. R has had a close relationship with her parents, especially her mother, for her entire life. In 2000 R moved to Arizona to live with her parents and help take care of them. In 2007 R’s father, passed away. From 2007 to 2010 R continued to live with and care for her mother.
In 2010, without her knowledge or approval, RA took L to Iowa. While in Iowa, R continued to live in her mother’s home. In 2012 R’s husband, mailed R an eviction notice. R then moved out, at which time RA, her son, her son’s girlfriend, and her granddaughter, along with L, moved back into L’s home. To the best of our knowledge, none of L's guests have been employed while living with her.
At some point RA and S decided to seek elder law assistance from you. It is my understanding that when you asked about R, you were simply told that she is not involved. As a result, R received no notice of any property transfers or any elder law planning. In addition to lying about R’s involvement, RA took steps to prevent R from being involved. Specifically, RA told R that property was being transferred through the help of an attorney but refused to tell R which attorney was helping her. You were identified as the attorney only when I researched L’s property and found your name on the recently recorded deeds.
Concerning the property owned by L, R told RA on several occasions that she, R, would like to purchase it from her mother either alone or with RA. Obviously RA had other plans. From what I can tell, RA was able to buy the home from her mother for a price significantly less than fair market value. According to L and Ld’s trust, the assets were to be evenly divided among their three children.
RA and S have proven willing to lie and manipulate L to get what they want. As an example, R has a voicemail on her phone when L called her. During the message S can be heard in the background telling L that R doesn’t want to talk to her. RA recently lied to get a restraining order put in place, saying that R threatened to shoot them. The court has since ordered RA and S to allow R access to L. R is supposed to coordinate with S and schedule times when RA can leave the house. Despite the court order, S has refused to coordinate visits by not answering her calls or calling her back.
R also has legitimate complaints about the manner in which RA and S have cared for her mother. L no longer resides in the master bedroom, but the smallest bedroom in the house. RA forced Lto give up one of her cats. L also must keep the litter box in her bedroom, which is highly unsanitary. Furthermore, RA rarely takes L from the home for any reason other than to the doctor’s office. On the other hand, RA is always willing to take her mother shopping or to other places outside of the home. R likes to spend time with her mother, doing puzzles or just talking with her. According to L, RA and S don’t do things like that with her. RA takes care of L’s immediate needs (food, shelter, etc.) but does nothing to stimulate her mind or keep her company.
There are additional concerns regarding the adoption of a new power of attorney and transfer deeds by L, who certainly has diminished capacity. It is my understanding that L has advanced Alzheimer’s. RA told R that L will often refer to her (RA) as “mom.”
R knows that her mother would not want to be in a nursing home. She would simply like the opportunity to take care of her. She has no desire to litigate this matter.
If you have any questions regarding this matter, please do not hesitate to contact me directly. I look forward to hearing from you.