Mother has dementia and hallucinates.
My mother suffers from dementia and hallucinates. She has always had problems getting along with the public. She does not bath and lives in filth. I now pay all of her utility bills as a third party since she cannot pay her bills.
Every time someone tries to help her she calls the police and makes up a story that the good sanaritan, neighbor abused her in someway. When she was younger she even called the police on her son.
The doctors try to stay away from her and said that nothing can be done unless she tries to physically hurts herself or someone else. The fact that she drives everyday is my nightmare. Someone will eventually get hurt. She refuses all medical help from the doctors since she hates everyone. This is a tough situation.
She gave me a notarized power of attorney approximately 10 years ago but I was told that she could easily have another attorney fight this power of attorney.
Now the bank, post office and other businesses call me up asking me if I can do someting with my mother. She verbally agues with everyone. I am now afraid that she will take all of our joint funds and sign it away.
How do I legally take control of her and her assests?
1 Answer from Attorneys
Re: Mother has dementia and hallucinates.
It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances.
However, I will try to provide you with some information.
It is possible that the power of attorney would be declared invalid if there is evidence that at the time your mother signed it she was not of sound mind and/or there was undue influence.
In addition, the type of power of attorney and the areas of authority it provides are significant.
One thing that you may consider is to seek court appointment as her guardian. I would recommend that you consult with an attorney.
If you would like my assistance, please feel free to contact me at (212) 971-1384.
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