My brother is still angry, and missed moms birthday. If my brother wants nothing to do with me via phone calls or text can he later claim to adult services or sue the estate that I'm blocking his access to mom? I'm living w/mom essentially & since he doesn't want to hear from me I can't send him a caregivers schedule. Any advice on proving I'm not? If I keep texting him I'm afraid he'll get angrier & I don't want his anger directed at me anymore than it is. I sent him invite to dinner for moms birthday in a group text & he responded to me to lose his number. If she's hospitalized I usually keep them all informed too, but I guess that stops? Just don't want him to be able to say I kept him from his mother.
And remember that groundless cases are often taken on a contingency basis....no cause of action, no recovery, nothing for the attorney except the payments advanced for the client.
Attorneys are businessmen and look for good end results, as do good businessmen.
And years ago, at least in Michigan, court rules were changed to address frivolous lawsuits. Someone sued frivolously (such as you) on a groundless basis, can countersue and ask not only for legal fees but compensation as well.
If I remember correctly (and it's been more than a few decades since I've done any litigation work), local court rules also were incorporating penalities against plaintiffs who brought frivolous lawsuits.
So, there's not always a lot of "teeth" in threats to sue.
Instead of trying to remind him of Mom's activities, or get him involved, tell him you respect that he doesn't want to be appraised of everything, but:
(1) if there are specific concerns he has (such as a fall, hospitalization, drastic change in her condition), let you know what these are and you'll keep him informed. And
(2) Unless you hear from otherwise, you will NOT be contacting him again.
This shifts the entire burden to him and frees you to focus on you and your mother. It also establishes a non contact baseline so that he has no basis to complain to APS.
Keep copies of all the texts that go between the two of you. I had to do that during my divorce and I am glad I did. It was much better for record keeping than phone calls.
If there is information you feel he needs send him an email, put Mum Update in the subject line and print off a copy. It will be up to him to read or not read the email. Keep any emails to the point, but do not ask him questions or expect a reply. Ie:
Subject: Mum Update - Fall on Tuesday,
Body:
Mum fell getting out of bed on Tuesday. We called 911 and she was checked out at Mercy Hospital. Her blood pressure was really low and the doctors suggested the following treatment plan.
Sister
If you do not have email with him, write it in a note and mail it off. Write Mum Update on the outside of the envelope. Once again it is his choice to read or toss. But you can feel that you did your best.
He cannot sue the estate for you not texting him invites or updates on his mother. If he called APS, he would have to explain what the issue is and how your mother is being abused. You not texting or calling him or even keeping him informed is not abuse.