Who S Looking out for Mom?

Who’s Looking Out for Mom?

“There’s got to be something I can do,” Theresa said to the attorney, clearly upset. “He’s not looking out for mom, just himself,” she continued. Theresa was at the attorney’s office explaining how her brother, Greg, moved their mother out of her house into a group home where she is sharing a bedroom with another elderly lady. “And he let his son, Larry, move into mom’s house without charging him rent,” she said. “Has there been a problem with your mother living by herself,” the attorney asked. “Not that I’m aware of,” Theresa replied. “I live out of town, but I talk with mom on the phone all the time and her moving has never been discussed,” she said. “Have you asked your brother what was going on,” the attorney asked. “Of course I did,” she said, voice raised. “He told me it was none of my business. He said that mom gave him power of attorney, he’s in charge, and that’s that,” repeating Greg’s response. “Well, even assuming he has a valid power of attorney, his authority is not absolute. He has to exercise his authority for your mother’s benefit,” the attorney explained. “Well, he’s not,” she replied. “Oh, and get this. Greg said he’s having mom sign over her house to him as compensation for taking care of her.”

Beginning to get a clearer picture of the situation, the attorney asked Theresa if her mother has been diagnosed as being incapacitated. “I don’t know, but if she has, that’s a crock,” she said. Conceding that her mother seemed a little confused lately, she said, “I would be too if I was uprooted from my home and told I had to bunk with a stranger in some group home.” “Do you have a copy of the power of attorney? I need to review it before we go much further here,” he told her. “No, mom never gave me a copy, and when I asked Greg he said I didn’t need one,” she replied. Realizing he couldn’t give Theresa specific legal advice without further information, the attorney summarized two legal theories Theresa might pursue to help her mother. “Undue influence can be found when a vulnerable individual, such as your mother, signs a deed or power of attorney that gives something of value to someone, here your brother Greg, that she would not have given to him if it weren’t for Greg’s undue influence over her. “I could see that happening,” Theresa said. “Greg can be very controlling.” Nodding his head in acknowledgment, he continued, “Another claim is breach of fiduciary duty. If Greg is her agent under a valid power of attorney he has to act for the benefit of your mother, not himself. Allowing his son to live in his mother’s property without charging rent could be a conflict of interest.” They talked a bit more, and the attorney asked Theresa why she thought Greg was acting this way. “I honestly don’t know,” she replied. “I haven’t talked with him much over the past year. Last I heard he was having financial problems, and that he might be losing his home to foreclosure.”

Sadly, the situation described above happens all too frequently, and as here, is usually perpetuated by a relative or trusted caregiver. To be sure, bringing charges against a family member is serious and has far reaching consequences. But turning a blind eye to a victim of abuse is far worse. If financial or physical abuse is suspected, ask questions, get involved, and seek professional assistance as warranted.

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