8/28 he moved Mom to a different nursing facility & didn't tell me, refused to tell me where they'd taken her, & told the prior staff not to tell me, causing me extreme distress and mental anguish. He said he did this because he was mad at me as he thought I had bad mouthed him to staff & had their sworn statements to prove it. He admitted to my husband later he had no such statements. In the past 2 weeks he put new locks on her house, took my name off her bank accounts, and has told me numerous lies and half-truths about her health, money, etc. Too many issues to type here. He had threatened a week ago to go to court to get "custody' so he could terminal wean her. What can I do to protect myself, get my things from her home, & have legal rights to know about her care and visit her?Too much to mention here.
You need to consult with an estate planning attorney. Ideally, you and your brother could come to some kind of agreement as to how things should be handled. If that is not possible, then you can petition a court to become your mother's guardian and/or conservator. There is, of course, no guarantee that the court would agree that you should act and not your brother. There is also a chance that the court might appoint a disinterested third party to act, if you are unable to agree. That may be preferable to you, because at least, you would not be excluded.
In the event of your mother's death, I believe you would be entitled to a return of the accounts your brother changed title to. It was not necessarily inappropriate for him to change the title, in order to safeguard the assets. But in doing so, he changed the nature of the accounts, as well, and he is cannot do that, and benefit from doing so, under the Power of Attorney. The problem is, he may have converted those accounts in such a way that they would now need to go to probate, or, they might pass to him, upon your mother's death, which would also be clearly inappropriate, under the terms of the Power of Attorney and state law.
Best of luck to you in this very difficult situation!
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