Expert: Joyce A. Anthony - 5/21/2007

Question
My mom has been in and out of Mental institutions ever since I was about 5
years old.  She has been psycologically evaluated and determined to be
mentally ill.  I am now 19 years old and she has been mentally unstable for
the past 6 years ever since her parents (my grandparents) died.  She does not
work and now lives off of a trust fund.  Unfortunatley due to the budget cuts
on mental illenss and her persistant unwillingness to cooperate we can not
get her into a facility or aid her condition in any way.  The key question I have
for you is that my mother has been living off a trust fund for the past 6 years
because she is unable to work.  In her illness she believes that people are "out
to get her" or financially depriving her.  For this she spends approximatley
500 dollars or more a month on an attorney that does nothing for her but be
her attorney.  Simply by talking to her anyone would be aware that she is not
mentally there.  She persistantly writes letters to the CIA the President and
the FBI, she even sent graduation invitations to them for my brother.  The
attorney will not listen to calls from my brother or myself regarding this issue
and continues to make money off of my mothers disorder.  How can I stop
this? can I stop this?  My brother is graduation this year and I want to do
something for him that will really matter and put an end to this financial
abuse.  She needs that money for the rest of her life if things persis with her
illness and this attorney is cutting those funds down by the day and making
absolutley no progress for her. My mother is unable to make any wise
decisions for herself and would probably bring up cases regarding lawsuites
and financial matters for people who have done nothing to her. I want to
know if there is anyway possible that I can bring him down by legal means or
if there is any thing I can do?  This is the only website that I have been able to
find that will answer questions close to it.  If you cant aswer this please tell
me someone who can.  -Thank you

Answer
Hi Michael:

I'm afraid the only thing you can do about this situation is to have a doctor declare your mother incompetent.  This will need to be done through the legal system.

If you can get that ruling, the judge will then appoint someone as executor to your mother's estate and make them responsible for her money.

At this point, seeing that she already has a lawyer, chances are he will be the one appointed as executor--unless you and your brother can find a lawyer to work with to get that changed.
                             Joyce A. Anthony