Houston, TX asked in Criminal Law, Family Law and Elder Law for Texas

Q: My brother has taken mom to another county. She has slight dementia. How can I get her back. Welfare check NOT work.

My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.

Already tried to go get her myself. Brother physically blocked me & he called Sheriff's dept who told me to go away. That my brother had rights! Sheriff 's dept told me I had to go to Family Court. They were yelling at *me* not my brother.

What can I do cheaply-no big court maneuvers.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.

Without her signature or her permission via a power of attorney, your two brothers have no legal authority to sell her house. You should work together with your mom to make sure she is timely making any mortgage payments, has paid her property taxes, and is keeping the insurance on her house in full force and effect.

Getting personally involved as her child costs you nothing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.