[LiveAloha]

Aloha I live in Hawaii, my Mom and sister live in St.Catharines Ontario. I have always had an excellent relationship with my mother. She came to visit with her life partner Tony (together and happy for 10 yrs) for 5 weeks Jan 08. At that time she gave me a copy of her will in which I was made executrix, given 2/3 of her estate, my sister 1/3 and power of attorney. She had Tony second and my sister 3d choice.

My sister has tried in the past, to break up their relationship and cause strife many times. She also did mean things to my mother for example gave Tony a expensive watch for Christmas and my mother soiled used clothing. The will was dated Jan 22,08. Mother had complained for a few yrs of failing memory and some of her actions on that trip, were what I've discovered, early symptoms of dementia.

Tony became very ill in March 08 and was diagnosed with cancer around May. Mom called me in July to tell me she was throwing Tony out of her home and breaking up with him. I believe the stress of Tony being so ill was too much for her to handle.

I also believe my mother had a nervous breakdown at that time. I found out from relatives that in August 08 my sister had my mother change lawyers, a new will drawn up, had my mother's home and bank accounts placed in joint ownership (with her), the will changed 3/4 to my sister, 1/4 to me, and complete power of attorney.

I tried to do what I could from Hawaii via long distance calls to support my mother, asked her to reconsider the breakup. She wouldn't relent, Tony died in Nov. 08.

I spent weeks in Dec - Jan looking into low cost and free assistance Ontario gov. programs dealing with dementia. I was told that my sister made applications for care homes to put my mother in. When my sister found out, she threatened me with a restraining order, I was not allowed to find out about my mothers actual health condition nor what the actual diagnosis was, nor speak to any of the caregivers, Doctor's in charge with her care. I was also not put on the list of people to contact, should anything happen to my mother.

In the call from the relatives Oct 15th 09, I was also told that she put my mother into a care home, against her wishes, and was going to sell the house and car. I was not informed by my sister that she did this. Again, she refused to let me have access to my mothers caregivers or doctor's information. She also wouldn't allow the relative who told me what she did, to visit my mother without supervision. I feel this is elder abuse along with abuse of her power.

I believe my sister systematicly set out to break up my mothers support from Tony then misled her as to the actual power she would have over her health and finances along with poisoning her mind about me. She also told my relatives she tore up cards and letters I sent my mother. Telling my mother over and over, I was always asking for money. I have never asked for a dime.

My question is, how do I go about having the power of attorney reversed, would legal aid or pro bono lawyers help me. I live with my life partner, and due to the economy haven't much money that I can spare for legal help. (I don't have to worry about food or rent)

My partner is a retired CPA and we could look after my mothers bills and financial needs via phone, fax and internet. My relatives are also willing to help.

I am grateful for any sound advice you will be able to offer.

[ScottGem]

The problem here is that sis got an attorney to draw up the new will. This means you would have to prove that mom was not of sound mind to draw up a new will.
Do you know if the POA was also revoked. If it wasn't you might have used itto counteract your sister's actions. At this point you need to get an attorney to challenge the new will and I'm not even sure you can do that until its submitted for probate.

What you need is an elder care attorney in canada.

[LiveAloha]

Aloha all I know for sure is that my sis took all the papers from lawyer 1 to lawyer 2. Sis is very crafty so I'm sure she had it changed. Are you a lawyer and familiar with Canadian law?

[ScottGem]

Unfortunately not. Ethically an attorney should modify a will unless they satisfy themselves that the testator is of sound mind and body. But you would have to prove she wasn't to attack the attorney.

[LiveAloha]

Aloha, I am putting together a letter to send to the ontario guardian and trustee investigations.

I have much more new info to add and I think that her unreasonable actions will be excellent in removing her from the position.

Things are starting to fall into place, she has made great mistakes plus I believe she will be unable to account for the money my mother had, nor how it was used.

i.e She told my aunt she purchased a new battery for my Mom's car, had CAA (AAA) put it into her car then try to jump starthe old one my mom's which wouldn't charge.

If this doesn't work, I will hire the previous lawyer to deal with it.

Mahalo nui loa for your help

[ScottGem]

Good luck and keep us posted