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Can i take my mom to court and win?
My mom is 96 years old, she has senile dementia. I am the only child and only living heir to the estate. We do have some cousins but no other immediate family members living. In January 2012 mom fell and broke her femur (right leg) it was a bad brake and the bone shattered. She was living alone and i helped her with cooking, grocery shopping, paying bills etc. The entire estate was in my name, After surgery she was never the same. Her mind had changed After a month stay at a rehab home she was discharged back to her home, i stayed with her from end of march to june 14, 2012. During this time she became paranoid about her money and possessions. She accused me of stealing and became violent even tried to stab me with a knife. At this time i was at the end of my rope with her and had caregiver fatigue. I tried to get her to go to assisted living but she refused and i tried to get her to sign over durable power of attorney but again refused. She has a non realtive friend that she used to work with that suggested to me that i should take a vacation from mom and go home and give mom time to calm down. I wasn't out of the house 24 hours and her friend took over. Every time i called mom would hang up. The next thing i know her friend has durable power of attorney. I wasn't made aware of this paper work until it was done. Her friend told me she had to have this power of attorney to get mom on hospice. Now she has taken my name off the house and all bank accounts. The estate has all of the family heirlooms, money, cars,. house and even things that i purchased over the years, I have spoke with an attorney and i want guardianship and conservatorship over my mom and her entire estate. My mom told me she didn't want anything to do with me. I have done alot of reading about people with dementia and everything my mom has done and said falls into the symptoms and guidelines of how elders present themselves with this dabilitating desease. I have been told by my mom prior to her surgery how much she loved me and all that was left was her and i and if anything ever happened to her i would get everything she had. Now that has been taken away, by her friend and my moms mental status. To make things worse my mom and i bought a car last year 2011 for me and i paid all the registration, sales tax and license fee and all insurance, but the title was in moms name and listed me as transfer on death. Mom and her friend show up at my house with the police and took the car and is now trying to sell it for 50 percent less than its worth. My mom has alot of anxiety and hate towards me because she calms she can't trust me (i have never stolen anything from her) I have only tried to help her took care of her house and dog and stayed with her after she came home from rehab. I was out of my home for 5 months. About 4 weeks after i left mom loaned out her car to the friend or the friends son wrecked it. Mom had a brand new 2011 chevy that is now wrecked and the car she purchased for me is still sitting in the garage,. Just 2 weeks ago mom accused the neighbor of stealing from her. She went into one of her psycotic episodes and starting banging her head against the garage cupboards, hitting herself in the head with her hand and slamming her walker up and down on the floor saying i can't take anymore of this. I don't trust moms friend and friends family. According to moms neighbors they are there all the time, but when i was there caring for mom they never showed up. I am looking for advice and suggestions as if you know anyone else who has gone through this. I miss my mom and the time we spent together. Moms friend has never called me or kept my informed as to what is going on. I am entitled to my birth rights. This case is in the state of missouri. I should me the one and only one caring for mom, not an outsider. Do i have a case to take to court or am i wasting my money? Signed broken hearted.
10 Answers
- Anonymous9 years agoFavorite Answer
Ok, first of all it's sad to hear that such awful thing has happened to you.
Regarding the legal matter at hand, was your mother medically diagnosed with "dementia" or that's speculation on your part? It didn't come too clear. Problem I see here, POA can only be made by someone in full mental capacity, it can't be made and signed by someone with dementia.
This branches into two possibilities, she either signed it while being mentally sick (you'll have to prove that), in which case the document is void and the effects of this act will be canceled. However if she's not mentally sick then you can't do much about the problem from a legal perspective beside claiming your property from the house.
In the case your mother dies and no will has been made you have a very good chances to inherit everything regardless of you beening taken out from the current papers. If a will has been made you can try and challenge it, I can not say if you'll stand chance or if it's worth it, for that you'll need to talk with a lawyer and explain him the situation in more details then.
If you truly suspect you mother is mentally sick and she's being taken advantage of then I'd strongly advise to sort the situation now, get a lawyer to make the proper paper work for a psych evaluation and then take things from there. If the result will be in your favor things will be piece of cake from there on.
Hope that helped and once again I'm really sorry for you situation,
Ronald Clark
- ?Lv 45 years ago
All you can do is answer the choose truthfully when he asks you the way you believe about it. On account that you're still a minor, your father and mother will make their arguments to the court docket, you most effective get to tell the judge your aspect after which the choose makes the selection. You would tell him that you made a mistake with the sex, and it used to be you mother that helped you to see that, plus all of the other matters about wanting to conclude high institution where you are now. A judge will recognize that your dad couldn't have stopped you from having intercourse. Young adults will do what they want if they are decided.
- S.K.Lv 79 years ago
You need an attorney. It sounds very much as if this other person is taking advantage of your mother's dementia. The attorney can advise you on what the next step is, but I would presume challenging the power of attorney will be high on the list.
- Anonymous9 years ago
What would you take your mother to court for? She didn't do anything wrong.
If you feel that your mother's interests are not being looked after, the best place to start is by contacting the Area Agency on Aging where you live. Just type "area agency on aging" and your city into your favorite search engine and call them.
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- divot IILv 79 years ago
Senile dementia = legally incompetent = you could be appointed her Guardian and Conservator which would make you legally responsible for all living, health care, and financial decisions for your mother. Have a lawyer file a Petition or do it yourself.
- 9 years ago
If your mother is incapacitated, you may petition the court to have yourself named her guardian. Consult your attorney to learn your legal options.
If your mother is NOT incapacitated, she has a right to her decisions and can dispose of her property as she sees fit. You do not have any "birthright" other than what she gives to you.
Source(s): years of experience in probate court - 9 years ago
Whether you take her to court or not, you should move to her house whether she likes it or not, and keep her so called friends away from her. If your mom told you everything you said before the surgery, you can't let those bitches steal everything away from you. They are taking advantage or her!!!
- HunterLv 69 years ago
Yes, you have a very good case for guardianship over your mother, and should win unless someone else contests your case. But at that age, your mother should have a social case worker as well.
- ?Lv 79 years ago
You should ask an attorney, but maybe your mother's friend is the one you should sue.
- Anonymous9 years ago
I take it you from America!