Follow
Share

I am her caregiver and I suspect that my brother is being dishonest since he refuses. Can I petition for guardianship to ensure he is held accountable? As of now he has no oversight.

This question has been closed for answers. Ask a New Question.
The will, forget. No one has any actual right to see it until after your mother's death.

The medical directive is a bit different. It is still confidential: it's a medical matter, there is a duty of confidentiality; but how can you, as your mother's primary caregiver, comply with what it contains if you haven't seen it? You are sure there is one, are you?
Helpful Answer (2)
Report
worriedinCali Apr 2020
I agree with that CM, the OP should absolutely know what her mothers medical directive states. I am curious why she can’t just ask her mother though? Does mother have advanced dementia? Her profile doesn’t say.....
(0)
Report
None of you is entitled to see her will. Your brother has a responsibility to protect your mothers privacy. He’s not legally obligated to disclose anything or share her personal documents with you. You can try to petition for Guardianship but it’s costly and the courts in this county are not fully operational so you may have to wait some time before you can go before the judge.
Helpful Answer (0)
Report
FloridaDD Apr 2020
All true, but OP says she is caregiver.  She can and should insist on getting paid, IMHO.  If her brother says no money, he can open up the books
(1)
Report
See 1 more reply
I found out the hard way that if you don’t have POA you should let your brother be the one doing the caregiving.

I was doing all the caregiving & my brother had POA, he has since stopped me from seeing or speaking to my mom for a few years now & had her sign an amended trust to his benefit. My mom has had dementia for about 5 years now & had no clue what she was signing.

When there’s secrecy among siblings they’re hiding something or up to no good!
Helpful Answer (2)
Report

The Will will become a public document when filed.  If you suspect financial abuse, you should notify the state.  You can certainly tell your brother you should be getting paid.  Do it now.   If he says no money, tell him that she will end up on Medicaid at some point, and Medicaid accepts a reasonable fee without demanding it be paid back, if documented correctly, for your aid.  He may not be dishonest, but he may be trying to save HIS inheritance with YOUR hard work.  Don't let him.
Helpful Answer (2)
Report

She needs to be diagnosed as mentally incapacitated for you to pursue financial abuse. You would need some sort of evidence it is occurring and the time and money for an attorney. As for the will, none of your beeswax until she passes. As her caregiver, are you being compensated? I would hope that you are, especially if you are providing many or all the hours of care. Good luck!
Helpful Answer (0)
Report

You can petition for guardianship if your mother has been diagnosed with a condition that deems her incompetent to make decisions on her own. Your brother is not obligated to provide copies of her will or medical directive. As a matter of fact, unless given permission by your mother, he is not allowed to provide that information until it is needed.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter