Legal Question in Disability Law in California

I'm a cancer survivor but left with permanent disability and am living in my elderly mother's home along with another brother of mine. I pay my mom rent each month - my brother does not pay anything. My brother is 65 yrs old and has lived with my mom every day of his life. His ONLY job in the last 45 yrs is that he's paid by the State to help me with shopping and chores, medical visits, etc. He's been doing this for about five years now. My brother has been manipulating my mom (she just turned 91 yrs) to get her to charge me rent and is always pushing her to get me to pay more each month or have ne evicted. About three years ago, he got my mom to change her trust leaving him as sole heir. He also got her medical and financial powers of attorney at that time. Since she lost her job about three years ago, my sister moved in here and doesn't pay rent, although my brother is trying to force her to by threatening to have her evicted. My brother also takes money out of my mom's bank account without explanation. He has access to her ATM and checks. His name is on her account now. If anyone objects to any of it, my mom will stand behind my brother. I think she's afraid he won't take care of her if she doesn't let him have whatever he wants. Is there anything I can do? I have no money for an attorney or for another place to live.


Asked on 5/29/12, 12:50 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

As long as the mother is 'legally competent' to make her own decisions, there is nothing for you to do about her using her own money and assets for who she chooses, unfair to you or not.

But, IF she is 'legally incompetent' to make her own decisions, then someone could file a court Petition tor a Guardianship or Conservatorship over her, and a court order to recover any assets obtained by undue influence or fraud.

Incompetence would have to be proven to the satisfaction of the court, through credible testimony of her doctors or others, demonstrating that she is not able to take care of her assets or herself, not rational, subject to undue influence or fraud by others in the family, etc. If she has dementia, insanity, etc, that is what the court is looking for to justify exerting control over her.

If you think you would be able to prove that in court, feel free to contact me.

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Answered on 5/30/12, 10:26 am


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