Legal Question in Civil Litigation in North Carolina

My brother and I are wondering if there's anything we can do to take control of our mothers affairs. She is 84 years old and has lived with a younger man for several years,and he has taken control of all her affairs, He's driven her new car since it was bought 6 years ago, and will not allow myself or brother know what kind of life insurance polices she has,and has taken control of her ss check for the past 6 years,and keeps her debit card and check book and controls every asspect of her life without letiing her family know anything about her life, he has even cut us off from even calling her on the phone, He has her completley brainwashed and controls her whole life. What if anything can my brother and I do if anything to find out whats course of action can be taken to find out to stop this man from controlling her life,and lettting the family know what is going on in my mothers life. Even my mother don't think she get a check each month, he controls her life 100% and will not share any information with my brother nor me about her...Thanks so much and if you need more info please let me know what you need. I appreciate any help you can provide us on this matter....Allen


Asked on 2/14/12, 4:53 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

If your mother is competent, then a validly executed power of attorney from her will allow you to take control of her affairs - Please Note this is for your mother to decide and she would have to direct an attorney to draft it and she would need to be competent to make the power of attorney and under no duress or undue influence. If you believe she is no longer competent, then you could institute a guardianship proceeding to take control of her affairs (if she doesn't already have a power of attorney naming someone else). Either way, I suggest consulting with an attorney. If she is mentally competent, she should consult with an attorney and if you feel she is not competent, then you should consult with an attorney in your area.

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Answered on 2/14/12, 5:41 am


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