Rights in a Life Estate -- Elder Law, Alabama

[dodot]

Alabama....My mother has a life estate in a home. The home was left to my stepfather's daughter and she sold the home to my brother. Because of an argument I had with my brother he will not allow us to visit my mother in private. He puts her phone calls on the speaker phone so he can listen but he will not speak to me or my sister. He has partially moved into the home until he can sell his home which is nearby. My mother lets him intimidate her. She gave him power of attorney. He is doing a lot of work on the house which she is paying for. She also pays the bills. . A sheriff's deputy went by and said everything was ok there. Now we have turned it over to Adult Protective Services but basically they tell us there is nothing they can do if she won't leave the house. We talked to a lawyer a few months ago but at that time decided not to do anything because of my sister's health. Now we are wondering if we could really have him removed from the home and myself go in and be her care taker. I know that she is being verbally abused. She says she is getting enought to eat but she really looked horrible when we last saw her. They eat very little fat and I don't think that is a good diet for a 92 year old person. She has lost a lot of weight. She looked unhealthy and nasty. I know it's hard to get her to bath but with a little persuading she will go somewhere and get her hair washed. It has been over a year since her hair was washed.
Would it be wasted money to try and legally have my brother removed from the home? Neither my sister or I have much but together we could pay for a lawyer but not a big sum for something that went on and on. Yes, my mother wants me to come take care of her. She is being ignored and when not ignored she is being yelled at. It seems like she has no rights at all.

[Friend In Court]

Originally Posted by dodot Alabama....My mother has a life estate in a home. The home was left to my stepfather's daughter and she sold the home to my brother. Because of an argument I had with my brother he will not allow us to visit my mother in private. He puts her phone calls on the speaker phone so he can listen but he will not speak to me or my sister. He has partially moved into the home until he can sell his home which is nearby. My mother lets him intimidate her. She gave him power of attorney. He is doing a lot of work on the house which she is paying for. She also pays the bills. . A sheriff's deputy went by and said everything was ok there. Now we have turned it over to Adult Protective Services but basically they tell us there is nothing they can do if she won't leave the house. We talked to a lawyer a few months ago but at that time decided not to do anything because of my sister's health. Now we are wondering if we could really have him removed from the home and myself go in and be her care taker. I know that she is being verbally abused. She says she is getting enought to eat but she really looked horrible when we last saw her. They eat very little fat and I don't think that is a good diet for a 92 year old person. She has lost a lot of weight. She looked unhealthy and nasty. I know it's hard to get her to bath but with a little persuading she will go somewhere and get her hair washed. It has been over a year since her hair was washed. Would it be wasted money to try and legally have my brother removed from the home? Neither my sister or I have much but together we could pay for a lawyer but not a big sum for something that went on and on. Yes, my mother wants me to come take care of her. She is being ignored and when not ignored she is being yelled at. It seems like she has no rights at all.

What you report shows every evidence of elder abuse, a crime in every state of more severe degree than the average adult. By all means report the abuse to your state's elder protection unit including your local prosecuting attorney/DA. And see a lawyer about getting your brother removed from power over her. She is in need of a guardian to replace your brother, and I would seek an attorney who practices elder law so you can apply for guardianship.