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I have an uncle, my mom’s youngest brother, whom she’s always been very attached to. Jim was born during a bad time in mom’s family of origin, and so ultimately, mom was keeping house at age 13 while my Mamaw rode the bus before dawn into the nearest town, to work as a nurse to support the family. Grandpa had run away with a woman he met during WWII. So that is to explain the depth of mom’s feelings for Jim. He is her little brother/child with commiserate love attached. Since mom’s dementia has gotten worse he and his Spaniard wife have stirred the pot! They normally live in the US for six months and Madrid for six months. This last visit lasted 8 months. Jim was determined my mother did not have dementia. My father was an abusive fiend, I was overreacting, etc. Some of Jim’s ideas could come from a paranoid delusion from mom (or maybe some way true because my mom was staying on the phone calling everyone she knew in town and telling them her stories, real to her at the time (she hadn’t been assessed mentally yet or put on meds.) Jim & spouse NEVER came to the house to see mom and they live ten miles from my parents house. Just that continual phone talk. The day before mom went to the geriatric center to be assessed, while I was traveling to my parents house, Jim and spouse came and took mom out for 6 hours. An hour of that was lunch but what were they up to? My mother was in no shape to be traipsing around! All three have been ‘close mouthed’ (mom might have just forgot). I can’t help but think they had gone to see a lawyer about a big piece of land my mom owns. I have mom’s last known will and it’s old, she leaves this land to me and HER mom. Jim has had a secret life in Europe and is wealthy. The wealthy many times have no other purpose than to get wealthier. My own lawyer said it only takes one crooked lawyer to agree to play along. Jim wants that land very badly!! Any ideas?

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Does your mom have a POA you are operating under currently, or are decisions up to your dad to do as spouse? The legal standard of competence to make wills, assign POA, and make advance directives is generally quite low. Perhaps you could engage an attorney to talk to her "inside" and see if she is legally competent to do any of those things? Perhaps he could get a questionable one signed anyway in case there is something that comes up later. He should bring his own witnesses since family and nursing staff are not eligible.

Mthr was more comfortable assigning my husband as her POA and was fine with me being backup, but there is no way she would have allowed me to be the primary POA. Perhaps you could structure the document so that her current husband is POA, when he resigns you become POA, and after that, you name her attorney. Nothing wrong with that at all. Dad can resign once he feels that it is too much, you can be POA, and if anything happens to you, then the attorney can watch out for mom's best interest.
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Thanks GardenArtist. Good ideas!
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Holiday, do you have access to property tax records, deed to your mother for the large piece of property, legal description, survey, title policy? If you even have just a property tax bill for this property, take it to your local county office register of deeds, or the county office which can help you look up records through a legal description.

This is the best way to determine if the property has been conveyed.

As to whether or not a will might have been created and you're not aware of it, the best thing I can think of is to review her financial records and see if there are any payments made to a legal firm.
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Thanks surprise! I’ll have to read your post a few times ( this is totally new to me). But you hit a bell in my mind.

This outing I discribed happened THE DAY BEFORE mom was scheduled to enter geri psych. That doesn’t bode well but I’m checking the courthouses ASAP and some how talk my dad into signing a POA, if I’ve found monkey business has taken place.

And of course talk to my attorney!
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Holiday, was your mom found legally incompetent the next day, or simply suffering from dementia and suited for a care facility? There's a big difference in the two.

I faced mthr having a possible outstanding will naming the person who was financially abusing her as beneficiary. Of course, I don't know for sure, but if an advanced directive was made with the abuser and a POA form, it just makes sense that the will was done since it's normally part of the package deal.

My attorney looked for a POA on file at the courthouses in the area. Finding none, he suggested making new ones. We were in the middle of guardianship, and mthr had her own atty there. When the judge dismissed the case, we went to that attys office to do a new POA. Mthr drew up a new will later that week, when we had a recent court inaction indicating she was competent to do so, a legal definition, not physical.

I'd suggest you do the same in regards to POA and will IF your atty finds her competent for financial decisions. Use another atty. File your POA at the courthouse immediately and take charge. This has nothing to do with the nationality of anyone, only the sin of greed.

If mom was found incompetent the next day, get your attorney to gather all the documents you will need for a case. As soon as she's died or brother attempts to use a new POA, atty will need to file to block him. Because you have that proof ahead of time, it will be faster and brother can't do as much damage. She should pay for the attorney fees defending her estate. Check to make sure "tod," transfer on death, was not added to financial accounts.
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