Legal Question in Family Law in North Carolina

My brother has power of attorney over my mom and her assets. I was originally supposed to and I worked and have a fiance and step son he coerced her into changing it before they wrote it up. Mom is physically disabled and needs care which he doesn't do he fixeds or orders for maybe twice a week. He doesn't take care of the house or the yard and our youngest brother is mentally disabled and needs the same care as well he's not able to do everything for himself properly nor take care nor competent of making decisions. I live with them but I work 3rd shift so I'm sleeping during the day and not able to do these things all the time but when I can I do. He spends her money on things for himself that he doesn't need nor does anyone. With power of attorney he's supposed to only spend her money on upkeep of her, correct? Is there anything I can do to get it changed or make him stop wasting her money and actually take care of her and not just live off her and my youngest brothers money? The both get ssi checks. They depend on him but he's just taking advantage of them not taking care of them.

Asked on 6/29/20, 1:04 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If you are there, one would think that you would simply physically prohibit your brother from doing what he is doing. However, you can call social services and see if adult protective services is warranted. This will likely be like opening a can of worms. Social workers in my experience are for lack of a better word - stupid. They likely won't do what you want and stop there, they will step in and start doing all sorts of things you likely don't want. Possibly up to and including taking custody of your mother and brother and placing them in a facility for care. However, they will likely stop your brother from essentially stealing your mother's and younger brother's money. Best of luck.

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Answered on 6/30/20, 7:14 am

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