my mother had a stroke in may 2012, she deemed needing 24/7 care giving which I am doing in her home, my 1/2 sister given up for adoption at birth, finding my mother in 2005. came unannounced and lied stating she was taking her for the weekend and now states she didn't like the care she was getting, this was reported by the stroke victim whom is NOT mentally competent, hallucinates,easily confused,agitated, no short term memory and can be manipulated. I have asked my sister for help numerous times she declined stating working 2 jobs,taking care of her adopted mother,2 adult children and their 5 children is to much. Until recently finding out mom has big house and investment money. Mom has never been deemed competent. just found out sister took mom to Dr she works for. can i go get my moth
This is neither a Family Law question nor a State, Local, and Municipal Law question. It is an Elder Law question. I have edited your post to send it to more nearly relevant practitioners.
If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.
Taking your mother could be appropriate or could constitute elder abuse depending on your mother's wishes, competence, care, and many other factors. I think it would be risky for you to take your mother surreptitiously without first getting legal advice first. To determine your rights and how best to protect them, you should consult a local elder law attorney. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.
As I understand it, since your mother’s stroke in May, she is no longer mentally competent. Additionally, you were acting as her full time caregiver until your mother was removed from her home. It also sounds as though your mother suffers from mental challenges, and/or dementia, as well. Unless your half-sister has obtained a conservatorship over your mother, there is probably no legal barrier for you to return your mother to her home.
However, this may be a case where you may need to become your mother’s conservator. From your post, it appears that your mother is not in a position to manage either her affairs on her own. How are her finances being managed? Who is living at her home?
Since your half-sister was given up for adoption at birth, she is not considered to be an at-law heir of your mother but would inherit though her adopted family. That being said, if you have any concerns that your half-sister may unduly influence your mother to leave her property to your half-sister in a will or trust, you may want to act sooner, rather than later, as to a conservatorship. Although one must be competent to make changes to or to establish a trust/execute a will and elder law attorneys assess potential clients for competency or undue influence, it’s possible to create a will/trust without an attorney. It makes more sense to take proactive steps now than to be a position of having to prove undue influence or elder abuse later.
Please let me know if you have anything else you would like to add or if you would like to discuss this further. You can add to your post in the “comments” section or you can email me at [email protected] I am located in San Diego.
Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.
I would recommend you seek a Conservatorship over your mother and her estate.
Information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline