I need help to protect my elderly parents from my brothers, who are now trying to manipulate them against me and my 2 sisters who live near my parents and have been helping them for the last 5 years. They tried to get all my parents' financial records so they can have someone write up a will for them. My dad said he's already got a will. I'm afraid they will try to get power of attorney and whatever they can to get control of their finances. My mother is now becoming paranoid and delusional and they are manipulating her. My dad is deteriorating physically and mentally, so it appears they are taking advantage and isolating my parents from me and my sisters.
2 Answers from Attorneys
If your parents are not able to take care of themselves due to mental or physical problems or if they are susceptible to financial abuse you might file a petition with the court to be appointed as their guardian and conservator.
From what you describe, you should take immediate action to determine the legal capacity of your parents, determine what their needs are both medically and what assistance they need for the daily activities of life, and you and your sisters should meet with your parents, tell them what you see is going on, and ask them if they want your help to carry out their wishes. It is not just about who gets their estate when the parents pass away, but how are they protected, both physically and financially, during their lifetimes and how they live during the rest of their lives. Your brothers may be intimidating them or committing some other abuse. These are serious circumstances and swift action is required. You may need to petition the court for appointment as guardian and conservator for one or both of them, that would give you legal authority to keep the brothers away from your parents if they are harming them in any way. A guardianship/conservatorship is required if the parents lack legal capacity to make a durable healthcare and financial powers of attorney.
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