How can I keep my brother from stealing my mom’s home

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How can I keep my brother from stealing my mom’s home

My brother has moved in my elderly
mother’s home uninvited with his
girlfriend and her children. He is
verbally abusive and pushy and I am
afraid he is going to try to kick her
out and keep her home. What can I do to
keep that from happening?

Asked on April 8, 2018 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you mother is still mentally competent--and more to the point, has not been declared incompetent by a court--there is nothing you can do: a competent adult can make her own decisions, even profoundly bad ones. If your mother chooses to let her son (your brother) take advantage of her, that is her choice.
If you believe that she is no longer mentally competent, you can bring a legal action (lawsuit) to have her declared incompetent (based on medical evidence: e.g. testimony of and tests by her treating physicians) and have a legal guardian appointed for her; in that suit, you can also present your evidence or reasons why you (and not, say, your brother) are the best choice for that role. If she is declared incompetent, her guardian will have power over her finances, property, and affairs, and can stop your brother from taking advantage. 
This is not a simple legal matter to bring, and you need expert help; consult with an elder law attorney to explore this option.


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