Smithfield, RI asked in Employment Law and Elder Law for Rhode Island

Q: How do I challenge a DPOA & amended trust that my sibling coerced my mom into signing?

Mom had original trust done in 2000 with assets being split 50/50 between sibling & myself. In 2016 I had falling out with sibling & in 2017 he took my mom to a lawyer to amend her trust giving him 100% & DPOA with unlimited powers. She was 95 at the time & had started with dementia a few years earlier. He hasn’t let her see me or speak to me since then. I know she wasn’t capable of reading the documents or understanding what she was signing because I was the one who cared for her before all this happened. He now no longer lets her see or speak to my 2 kids either & she’s afraid to go against him. I’m retired & cant afford a long legal battle & he can use her funds to fight me. How was he able to contact a lawyer, take her there, tell them what to put in the documents & be present when she signed them without the lawyer seeing red flags? What can I do?

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1 Lawyer Answer
Neville Bedford
Neville Bedford
  • Licensed in Rhode Island

A: I don't see this as an employment law question. If you cannot afford to enlist private legal assistance, you may wish to investigate other resources that might include law enforcement if you suspect there is elder abuse being committed.

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