He evicted me out of mother home but moved in family member before I am to be out. He has gone through my mother's belongings and mine. Also he has stopped all my visits to my mom at the home. PPO order and expartee order dismiss by judge which he has placed on me. Mom was diagnosed with dementia in January and needed 24 hour care. Mom is kept away from all the court systems would like mom to see judge for court hearing in January for guardian and conservator. I am competing against my brother. I truly feel she would be upset about what my brother has done. Do I have any rights?

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I was evicted from my moms legally through the court system but before the court date he moved my brother in from Florida and is now trying to evict him.Brother from Florida realized brother has lied to get the PPO and did a false embezzlement charge on me.Protected Services investigated those charges and that was dropped by the court. His reasoning was to destroy my reputation and Nurse aid license of 48 yearsand my job which is state and federal so he could place mom in a facility so he could be her trustee and become her guardian and conservator. I also have filed for guardian and conservator for my mom.Her condo is paid for I had nursing in to take care of her while I was at work .Then I watched her. This is sad due to the fact we both stated she could live in her home till end of life. Mom has expressed this to the guardian ad lien Protective services also her lawyer It took me 4 month to be able to see my mom.Brother has stopped visiting of friends and now the brother from florida to see her. The doctor that did testing on my mom for dementia .The test were not completed due to her panic and anxiety attacks .He the doctor stated she as similar signs as dementia and feels she might have dementia .She has a eighth grade education we have live in a abusive (physically, mentally, sexually)home by stepfather.Mom was not aloud to go anywhere, have any family visiting unless approved by him or watch TV bedtime at 6p up at 2am for the day. She has had five fathers for us kids.I feel being in this controlled environment has effect on what testing she had.Before my brother placed her in the living center she has experienced being able to eat what she chooses and she has had company and was able to go places she never seen before.She was happy and feeling good about herself She also did her own bankinking till my brother took that away too. Now she has had all her rights taken away and is angry about all this and just wants to live in her home.Brother is trying to spend down her monies so Medicare will pay .She will be 90 soon .She is very independent dresses feeds herself she is a fall risk has use a walker for 6 months she has had 2 falls and was admitted into the hospital for pneumonia for 5 days . Yes I do feel that she would do better in my care.
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What do you mean by "evicted"? Did he actually take you to court and get an order of eviction? If not, then you aren't evicted. If he told you to move, say no. If he put your things out of the house, call the police as that is illegal unless there was an actual eviction and police supervised the put-out. Who's name is the house in? Regardless, he CANNOT make you leave your place of residence without legal action! If he has POA and is selling the house, that is different, but if the house if not for sale and he does not take legal action to remove you, you don't have to go anywhere. Even if he is selling, you have the right to be there until the day the sale closes.
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Your mother has rights, and the judge presiding over her case will see that they are respected.

What led up to your brother's taking such drastic steps?

What do you think would be best for your mother starting from now? There she is, in the facility, receiving round-the-clock care. What would you want to change?

On the point about your being prevented from visiting her: again, it's not about your rights, it's about your mother's rights; and *she* has a right to contact with her children - provided it doesn't place her at any kind of risk. The only justifiable reason for preventing a woman from being visited by her child would be that it is in her best interests not to have contact, and that would typically be because there is some question of abuse - financial, physical, or emotional. Have you been accused of anything?
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worriedinCali Dec 2019
She’s not receiving round the clock care CM. She’s in assisted living.

And this is absolutely true, it’s about moms rights. And what’s best for mom!
Wars between siblings for the "care" of parents, once before a judge can move in any direction. Your own lawyer will inform you on the possibilities. I think that if your brother has moved in people who can "pay rental" he is thereby raising funds for Mom's care from Mom's own home. This is a good thing for Mom. You should also consider that in a war over a still living parent the courts MAY become sort of the arbiter by taking it ALL out of the hands of either child. Then the parent becomes a ward of the court. The court sees the parent as being tormented and torn by the children, and takes the parent into their own protection. If that were to happen you and your brother would have no say whatsoever over your Mom's care, her placement, her assets. So know that. It seems you will not be able to work together for your Mom. That is a sad state for her to end. I am so sorry for everyone's pain.
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