My brother is alleging Elder Abuse after I filed a Temporary Restraining Order against him for assault. How do I prove he's being retaliatory?

Follow
Share

My brother (who has not helped in any way with my Mom who has Alzheimer's) is now alleging Elder Abuse. Last year, because of the fact he was having horrible fights with our Mom (and refused to move out), she filed a Temporary Restraining Order against him. I don't recall all the circumstances, but he ended up leaving, and I (stupidly) suggested to my Mom that she drop the TRO.

In February, she agreed to let him stay for a short time (without telling me). he barely, if at all, worked. He would lock himself in the office and sleep all day. I noticed he always semed to have money, but he wasnt working. So I became suspicious. One day, i was using the house computer and his email popped up. Because I suspected him of taking money from our Mom, i went in it to see if I could find any information re the items he sold. I have suspected for awhile that he had lied to our Mom, by telling he he sold things for less, and pocketing the difference. Long story short, he found out, exploded and pushed me. I fell down, hit my head, resulting in a concussion. Once I was able to drive, I filed the Temporary Restraining Order. and he was removed from the house. In retaliation, he has alleged Elder Abuse to Adult Protective Services, and now to the Court. How do I prove that he is being retaliatory?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
42

Answers

Show:
1 2 3 4 5
I'm glad they closed the case too. So why can't I stop crying? It breaks my heart that I now can no longer trust my brother, his ex-wife or daughter. And when our mother is either placed in memory care or passes, the drama will probably be reignited because I am the POA and Executor (my Mom also designated a family friend in case I am "unable to fulfill my duties.") our friend has always had my back, and tells me when she thinks I'm wrong. She is going to court with me on the 24th so I have someone's hand to squeeze. I've called several attorneys (including one I hired last year to be sure I was doing everything legally). Not one phone call back. THE END. For now.
Helpful Answer (0)
Report

I'm glad they closed the case too. So why can't I stop crying? It breaks my heart that I now can no longer trust my brother, his ex-wife or daughter. And when our mother is either placed in memory care or passes, the drama will probably be reignited because I am the POA and Executor (my Mom also designated a family friend in case I am "unable to fulfill my duties.") our friend has always had my back, and tells me when she thinks I'm wrong. She is going to court with me on the 24th so I have someone's hand to squeeze. I've called several attorneys (including one I hired last year to be sure I was doing everything legally). Not one phone call back.
Helpful Answer (0)
Report

I am sooooo glad. I'm glad that you are being proactive. And I totally agree about having a 3rd party when he visits. And the cameras. You've learned to watch your back. I'm happy for you.
Helpful Answer (0)
Report

Great news! You fought back and held your ground. I am happy for you and proud of you! I hope your story gives the same courage to anyone in similar circumstances. I think you are going to sleep well tonight!
Helpful Answer (0)
Report

I am happy to report that Adult Protective Services notified me that they have closed the case against me! What a relief. Now, when I go to Court, I am going to give him a letter stating he has 30 days to get all of his belongings out of the house, and open a PO Box for his mail. I pay $160/month for off-site storage while I live here and help our Mom. And since he doesn't live here, he needs to find a new "permanent" address -- such as open a PO Box. After June 30, his mail will be returned to sender. Also, any visits with Mom need to be scheduled, and there will always be a third party in attendance. I am also having cameras installed in the house. I am done with his trying to get money from my Mom, not including me in financial matters(when I have the POA). No more!
Helpful Answer (3)
Report

I was referred to a new attorney. He's out of the office today, but hopefully I can talk to him and get some good advice.
Helpful Answer (3)
Report

Well, given my attorney doesn't return my calls, and I'm pretty frustrated. I took my Mom to her doctor today. I told him to talk to her alone because my brother is alleging abuse. I heard Mom said I yell at her. What she didn't say is she comes after me, and I have to lock doors to get away from her. The police have been out here 3-4 times when she hit me. We lost a caregiver because my Mom slapped me in the face. I need to get copies from the Police Department of the times they have been here. This is so absolutely totally ridiculous. The reason my brother assaulted me was I looked at his email because I suspected he was taking money & selling things for her (and pocketing some of the money). He was also trying to get her to give her my car (because I drive hers now). She already gave him our Dad's car (which he doesn't insure, so I won't allow him to take her anywhere). But right now the Temporary Restraining Order is still in effect, so he can't contact her.
Helpful Answer (1)
Report

I am so sorry you are going through this i am a caregiver and familiar with what you are going through you need to get this in a COURT ROOM WITH AN ATTORNEY, this is commen with familys with siblings not there together for the sake of thier loved one ..........i disagree ith elderly abuse against you......... you need to record the home an get proof of what is going on ----------- as for stealing someone needs to havce guarianship over her ,,, its all about her i pray father GOD you give the help so needed .........
Helpful Answer (0)
Report

I don't know what a 2000 is. And the cop refused to arrest him. Though i had to demand he forward the report to the DA. My Mom backed up his lie. She wasn't even in the room. She is not easy to be with and accuses me of stealing all the time, and tells her friends I'm horrible. They don't see the truth here. I'm having a security system installed (with cameras). This is not going to happen again!
Helpful Answer (0)
Report

I already have a POA. My attorney (though I've called her twice stressing how urgent it is), hasn't called me back. Even after he assaulted me, I had to hire someone to take care of her because he was too busy sleeping. He was the one trying to get her to give him my car (I drive hers now). I told him we have to talk to an attorney, but he kept badgering my Mom about it. I told him to knock it off. The Temporary Restraining Order sent the entitled narcissistic brat over the edge, since he is doing this. Trial for the Restraining Order is May 24.
Helpful Answer (0)
Report

1 2 3 4 5
This question has been closed for answers. Ask a New Question.
Related
Questions