Legal Question in Elder Law in New York

Re: Brother took over Mom's care without POA - need advise

How is he spending her money? Does he have a Joint account or does he have Power of Atty? If he has a Jt acct the money legally is also his unless you can prove it was an account of convenience (your Mom put him on as a convenience and no intention of ownership). I am thinking he has POA if he intends to sell her home. (He can't otherwise, unless his name is on that too).

As Executor, once your Mother passes you can bring an action on behalf of the estate for conversion, undue influence/fraud, etc.

But, I think you need to know where your brother is getting the authority first.

Re: Brother took over Mom's care without POA - need advise

If your mother has limited resources and income, it is probably NOT worthwhile to file a Court Petition for Guardianship.

Attorney fees, Court costs and an appointed Guardian would need to be paid, which would further and more quickly, deplete your mother's resources. And, a Law Guardian, could insist on placing your mother in an institution, that would require a much faster liquidation of her assets, than you can imagine; in addition to a rapid decline in your mother's health.

Also, it is unlikely a claim for reimbursement of your mother's funds and assets, would be viable now, or after her death, unless your brother did not have your mother's "knowing" consent and agreement authorizing him to make decisions on her behalf. (Please note, the average cost for basic nursing home care, for the elderly, is in excess of $3000.00/month.)

SUGGEST: that you and your other sibs agree to directly participate in your mother's day to day home maintenance and personal care, IF your mother permits. Then, like your brother, "bill" your mother or brother, (if he's handling her funds), for costs and disbursements you make for and on your mother's behalf, that YOUR mother needs and wants.

Good luck,