How can we stop my brother from living in mom's house?

A fellow caregiver asked...

Mom has lived with me, daughter, since my dad passed away. I care for her; providing food, meds,clothes, etc. She pays for her health insurance AND bills for the family house which her youngest son, kevin, has trashed. Kevin CONTINUES TO TAKE HER MONEY .. abusive talk to mom .. and mom relents and gives him money. HE IS pushing 43 YEARS OLD! Mom does not have much left in her trust for it has gone to kev and bills of a traashed house .. she keeps for her youngest baby. HOW CAN WE STOP HER from giving money to Kevin and how can we GET HER TO LET THIS HOUSE GO AND PUT MONEY BACK IN HER TRUSS. WE, 7 OTHER RESPONSIBLE WORKING son's and daughters LOVE OUR MOM .. BUT Kevin has really made oure lives miserable. PLEASE HELP. I don't have money for expensive attorneys.

Expert Answer

You and your family clearly have a difficult problem with Kevin. Unfortunately, I know of no effective legal remedy in your situation. Even if you could afford a lawyer, I think hiring one to help you handle this would be a waste of your time and money. In theory, you could file a lawsuit seeking to have your mother declared legally incompetent, and have a judge appoint you (or someone else) with authority to control her finances. But this would be a very drastic step. From what you've told me, your mother does not seem to be legally incompetent. Moreover, she might well fight any effort to have her declared incompetent.

All I can suggest is that you do, or rather continue to do, what you must already have done"”everything you can to persuade your mother that she she not relent and give Kevin money. Sadly, you have a family problem which can only be solved by family cooperation, including your mother's.