Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Elder Law > I need to take my brother to d judge to put a stop in spending my mothers checks. She is in a nursing home. In a full and legal son. She abandon me

I need to take my brother to d judge to put a stop in spending my mothers checks. She is in a nursing home. In a full and legal son. She abandon me

1 Answers. Asked on Feb 27th, 2017 on Elder Law - New York
More details to this question:
She abandon me when I was 6mons. Old
Answers Showing 1 out of 1
Answered on Feb 28th, 2017 at 6:02 PM

If your brother is actually stealing your mother's money, and your mother is not capable of making her own decisions, you can file a petition in court to have a judge appoint you guardian and give you control of her money. You can also start a lawsuit on her behalf against your brother to recoup what he stole, if you are appointed. If your mother is capable of making her own decisions, you can still help her to put a stop to what's going on and take legal action to recoup what was stolen. However, you haven't indicated your mother's state of mind, or capacity to make her own decisions, or whether you and she have a relationship. You mention that she abandoned you when you were 6 months old, and yet here you are trying to help her- I'm not sure why you mentioned that. Definitely need more information.  

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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