2 replies to this topic

[oolboy61]

I presently live with my 86 year old mother and have for the past 6 years now.
I maintain the property and watch over my mother as well.
I just found out that my older brother and sister have been secretly plotting together for some while now to overthrow my regime, and evict me so that they can gain full control of my elderly mothers property, money, and belongings.
Is there anything that I can do, and do I even have a leg to stand on?

[DumplinHoneychild]

You haven't provided a specific state, so there's no way to point you in a specific direction other than to say it is unlikely you will find any constitutional "caretaker rights" or even statutes that grant some favorable status on caretakers. However, I will offer some thoughts and commentary based on the facts you did provide.


First, based on the language you use -- "plotting," "overthrow," " regime" -- I am wondering if you have the best interests of your mother mind.


Second, a lot will depend on you mother's faculties. Is she capable of making her own decisions? Is she capable of inform consent? Has she conferred power of attorney over any part of her affairs to you or others? Is she running her household, albeit with your presence? If she's unable to manage on her own, maybe a judge would be in a better position to determine what is in her best interest in a fight between you siblings over her affairs.

Three, as to eviction, that's a legal process. If your mother hasn't kicked you, the siblings are not likely to be able too either without first being granted some form of guardianship or custody over your mother.

Fourth, I suppose you could seek some form of compensation for the care and services rendered to you mother if it comes to that. Depends on the facts.

Fifth, you might want to check out information on elder abuse --www.NDEA.aoa.gov. Do you recognize yourself here? Your siblings?

Fourth, you might want to see what you identified state has on the books awout elder abuse.

[pg1067]

First, this obviously has nothing to do with the topics of this board (bankruptcy, debt, and taxes).

Second, how should we know?  You provided no relevant facts whatsoever.  I hope it goes without saying that you have no more rights with respect to your mother's property than your siblings do (i.e., none).  That said, in order for anyone to gain control over your mother's assets, they will have to prove to a court that your mother is legally incompetent or unable to manage her own affairs.  If your siblings seek to do this, you and/or your mother can oppose their efforts.