PLEASE HELP.... MY MOM IS BEING HARASSED!

If anyone has any advice I would greatly appreciate it.

A few years ago my mom, got power of attorney and legal guardianship over her mother, whose mental state was declining rapidly from Alzhiemer's. At the time, my grandmother was living in her home with my grandpa, who is confined to a wheel chair. Their ilving conditions got worse and worse until, after multiple social service visits, my mom was finally able to put my grandma into assisted living, against the wishes of my grandfather, who clearly couldn't care for her or himself.

My mom used money from my grandparents joint checking account to pay for the assisted living, since my mom was my grandmother's legal guardian, and power of attorney. My grandma died a few months later and ever since then my grandfather has attempted to go after my mom in any way he can, because he blames her for my grandma's death, since she was taken out of the home and placed in assisted living. He sicked his clearly unethical lawyer on her and tried to sue her in Probate Court for the money she used from the account. My mom was able to settle and get him to sign documents saying he would pursue no further legal action if she returned the unused money from the account that didn't get used for assisted living and funeral arrangements, when my grandma died. Now they are attempting, a year later to sue my mom for the same money, through Civil court.

My grandpa is over 90 years old and clearly mentally incapacitated, and I feel his lawyer is taking advantage of him to get more money for legal fees, and using the legal system with no solid grounds, so that my grandfather can act out his revenge on my mom for taking my grandma out of the home. What can my mom do as recourse. This has been devastating to my family and has severely impacted my mom's health and emotional state. I cannot believe that a lawyer would take a case on behalf of a 90 year old senile, old man, who is just angry and bitter and trying to get revenge. How can she fight back without having to take on more costs of attorneys that she can't afford??? HELP!!!!! Sometimes the legal system utterly amazes me at how messed up it can be!!!!!

[judg4]

The release he signed should prevent that--why does it not?

I guess his lawyer was the one that set up the papers, for that "settlement", and from what we can gather, it doesn't stop him from pursuing further legal action in other courts.

We're just looking for some advice. My grandmother's social security checks were being accumulated in a separate account she had in her name, which had my mother's name on it as well. When my grandfather found out my mom was taking her to assisted living, he had my grandmother sign a paper to transfer her social security money back into their joint checking, so my mom wouldn't be able to pay for her care. My grandmother, also by the way had such severe dementia, that we think he either forged her name or had her sign something she clearly didn't understand. The thing is, my mom also had her name on their joint checking account that he moved the money to, and not to mention, she was my grandmother's power of attorney and guardian, which I'm assuming allows her to handle my grandmother's assets.

The bank told my mom, and allowed her to, move the money my grandfather attempted to take, back into the original account it was in, which was the account that was just in my grandmother and mom's name. The lawyer is now twisting things around suggesting that my mom took, or basically stole, money out of his checking account, which is crazy! The money was my grandmother's social security checks, and was in an account that didn't have his name on it, and HE is the one that took it out, so that it couldn't be used for her care.

When this was last in court, my mom showed receipts to account for where all the money went, for my grandmother's assisted living, and then funeral arrangements. Furthermore, she even gave the remainder of the money that was unused, back to my grandfather in a effort of good faith which resulted in that last "settlement". Now it is being rehashed, and my poor mom is just devasted. We don't know if we should attempt to pay to seek legal council to respond to the complaint formally, or if she should just attempt to write something up herself, in an effort to get it dismissed. Or, we don't know how much information we should include in the response to the complaint, such as receipts etc. How likely is it that cases like this get dismissed from Civil Court?

We just don't know what to do, and my parents don't have the money to fight this nonsense. All my mom has ever tried to do was keep my grandmother safe and healthy and well cared for, and I just don't see how, if she had her name on both accounts, and the bank allowed her to move the money back to it's original account, AND the fact that she was power of attorney and guardian, doesn't clearly justify her actions??? I just can't believe the way my 90 year old, bitter, senile grandfather is allowed to use the court system in this way, just to get revenge on my mom. It's sick....