Legal Question in Elder Law in Alabama

As long as she is competent to make decisions you can't override her decisions. Since you are out of town, it would be too difficult for you to have a Durable Power of Attorney that would be effective for her needs. I don't do domestic work but guess that a restraining order is a bit much and would stop all contact with your brother. One thought is a checking account (if agreeable with your Mom) that requires two signatures, but this of course is less effective due to distance and the possible presence of a debit card. Possibly you can balance her accounts with a small checking account and a greater amount in a savings/ money market account that might require two signatures. Maybe you can assist by helping her manage her accounts via the web and segregating the larger amounts. Just some creative ideas. If you can name the city of residence for your Mom, I know some great elder law attorneys in north Alabama that can be of assistance.

Thanks

Ron Holtsford

Ron is correct in what he is telling you, so I will add to it rather than disagree with anything he has said. You make no mention of your mother's opinion here. What does SHE want? Is she resigned to the status quo and are you getting into her private affairs without her request or has she asked for your help? This makes a huge difference, because it doesn't matter what you do, if she is of a different mindset, all you have done is wasted time and money and possibly also driven a wedge between your mother and yourself. You asked for a North Alabama lawyer; I recommend Connie Glass in either Decatur or Huntsville. Call her for help.

William G. Nolan

www.NolanElderLaw.com