What should I do to protect my inheritance from a caregiver who has poisoned my mother against me and got her name on the will?

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Question

What should I do to protect my inheritance from a caregiver who has poisoned my mother against me and got her name on the will?

Anonymous · Jun 24, 2012 · 0 views

Fortunately, I have about a half dozen or so witnesses, non-related, that will coraborate the financial abuse and undue influence. My mother is 84 years old, on lots of medication, and easily persuaded by the wrong-doers suggestions. There is a will that has been changed from me, the only daughter, to including the care-giver who was not on the original will. I am slowly gaining my mother's confidence back from the lies the wrong-doer has told her. The wrong-doer also failed a lie-detector test when some jewelry went missing but put the things back when my mom got an investigator. My mom is ignoring the results because the caregiver is always there for her and has got her believing she is a better caregiver than myself. I have documented emails of witnessed abuse and financial abuse.

Answer 1

In some cases like this you have to take the unpleasant step of starting a guardianship.
Mother is in danger and doesn't realize it or fails to acknowledge it.
The only way for you have control over the caregivers is for her to trust you with a power of attorney or guardianship proceeding.

Answer 2

There are specific statutes regaring caregivers and being added to wills. You need to summarize your facts and consult a wills/trusts/estates litigator as soon as possible.

Answer 3

I agree with Attorney Pippen. If your mother is incapacitated, and it certainly sounds like she is, then normally a general durable power of attorney would be called for. You do not mention if your mother has one, but it seems likely that if she does, it names her caregiver. You have probably waited a bit too long to take action, but I believe you may need to petition to be appointed your mother's guardian and/or conservator. The potential problem I see is that the Will apparently reflects both your mother's incapacity and the undue influence of her caregiver. You are going to need to ask that the Will be set aside, at some point. Because you have evidence, now, it may be necessary to take that step before the caregiver walks away with the entire estate.
You are going to need a lawyer to assist you with both matters. There are many fine estate planning and probate attorneys in your area that are very active participants in the Avvo community. You need to contact one, right away.
Best of luck to you and your mother! She is counting on you to protect her, at this point.
James Frederick

Answer 4

I suggest you contact Adult Protective Services for San Diego County as soon as possible: http://www.sdcounty.ca.gov/hhsa/programs/ais/adult_protective_services/index.html
If your mother lives in a different county, then contact APS there. It is quite possible your mother's caregiver has committed financial abuse, but the time to determine that is now - not later.

What should I do to protect my inheritance from a caregiver who has poisoned my mother against me and got her name on the will?

4 Attorney Answers

Joseph Pippen

Michael Doland

James Frederick

Janet Brewer