Indianapolis, IN asked in Estate Planning

Q: Can my brother make my mom move out of condo? He is POA and we both own condo, which used to be hers. She is 96and lucid

Brother has Parkinson’s and he wants to move with wife who makes all decisions. I live in another state and I am visiting mom. She is ambulatory, cleans condo except to vacumn which she has help and gets groceries for her. My mom converses well, but does have a few moments of forgetfulness. Sister in law and brother want to place her. Sister in law took her to her doctor and had them do a mini mental and she said she has moderate dementia because she did not answer date correctly. Can’t believe she could order this test. She wants to sell condo. . I want to know her rights. What can I do for her to stay here? She is very comfortable here and does well on her own. She does not have guardianship. I own half of condo. Brother and his wife want to sell it and put her in a NH that would most likely take her life. Been here for 25 yrs. I did talk with home care, but mom does not want to pay for the service even thou she has plenty of money. Also sister in law brother wrote up a will for her

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If you own half the condo they can’t sell it without either your signature or a court order.

Your brother cannot force your mother to move. That is a crime called kidnapping. The exception would be if he had guardianship over her, but your facts did not say that.

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