Legal Question in Wills and Trusts in Florida
I need some advice regarding my 80 year old mother who has Parkinson's Disease. Her mind is seldom scattered. Basically she is competent. She has enlisted the help of my brother to maintain her finances including her CD's, stocks, bills, etc. He has Power of Attorney. I am not listed nor included on her CD's, stocks and bank accounts.He is.
I feel he has taken control of her finances to the extreme.
He will not share any information with me regarding her finances nor her will.
Although he denies it, according to the credit card company, he called them and claimed the card was "lost or stolen". (Isn't that fraud?). He knew I had the card and was using it to buy my mother needed items, as she is in assisted living. He is now buying those items with her new credit card, which he refuses to give to me. I am much more tuned into her needs because I see her every day whereas he sees her once every two weeks.
Mom proceeded to get a bank card and he promptly canceled that too after seeing that we went out to lunch once.
He told me that he has also notified the bank that my mother is not allowed to make any withdraws from her bank account. He then told her that I am not to have any access to any of her money.
My mother totally trusts him, but also agrees with my issues.
My brother is an attorney and I feel he is taking advantage of my lack of knowledge. Can he legally have her blocked from her own bank account?
3 Answers from Attorneys
Based on the description of your family situation and relationships, my advice is to determine whether your mother has legal capacity and is competent by discussing with her and working out an arrangement with her enabling you and your brother to be jointly in charge of your mother's finances. If your mother is not competent, petitioning a probate court to determine legal capacity and to perhaps appoint a guardian may be another option. It is a difficult family situation which requires prompt attention because of your mother's mental and physical health.
Part of the problem is that your mother's business is her business, and not yours. It is for her to share with you, not your brother.
You say that your brother is an Attorney, then he understands what attorney/client privledge is, and it may apply here.
You need to discuss this with your mother and brother. If you are still not satisfied, you can always try to bring an action against your mother to declare her incompetent. The problem is that you may win the battle to do it, but lose the war because the court may appoint your brother as Guardian. But it is an option, and then there would be some court supervision, subject to a lot of extra paper work, delays and expenses. Also, your mother will not be very please with you.
If your brother is an attorney (I assume with Florida) then contact the Florida Bar - file a complaint that he is exhibiting undue influence on your mother and have them investigate this. He will have to be accountable for everything he has done and if it is not proper he will be sanctioned by the bar as in suspension and/or losing his bar license. If not Florida, contact the bar to which he is practicing from.
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