Legal Question in Elder Law in Oklahoma

mother living with son, son abusing money & property

our brother took mother to his house and has since used her ss money to pay his bill and now plans to move into her house and still use her money for himself. mother may get a bath once a month if then has on dirty clothes and stinks. We have ask him to quit using her money and let us get her into a nursing home, but he insist on keeping her. resantly some of her personal belongs were taken by his daughter and sold in a garage sell. this is all done ''because i am taking care of her''. what can my sister and i do to protect our mother and her property? if he moves into her house what rights does this give him if any?


Asked on 9/11/04, 10:42 am

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: mother living with son, son abusing money & property

A legal adult guardianship could be set up under the court to provide for her care and handle her money. Depending on her age and mental condition she might have to consent to a guardianship. His moving into her home puts him in a position to influence her and be in the best position to argue that he should be her guardian while living and her executor when she passes. If you feel she is being neglected you might contact the adult protective services with the Department of Human Services. It is not unreasonable that he would use some of her money to pay a share of the cost of housing, food, transportation, etc. Possibly even a sum for being her caretaker. Nor is there anything legally wrong with him moving into her home to help care for her. What you describe could be neglect but is not as serious as if he is neglecting her medical care or health.

Read more
Answered on 9/11/04, 1:30 pm


Related Questions & Answers

More Elder Law questions and answers in Oklahoma