My sister hired a lawyer to send me a threatening letter that I wrongfully cut her out of my mother's healthcare and I have abused my powers as a Durable Power of Attorney. My sister is claiming my mother named her a Co-Agent in my mother's healthcare (which she did not). My sister was named an Alternate at one point, but she never had access to my mother's medical and financial records.
In my state, Massachusetts, I found out there is no such position as a "Co-Agent" in healthcare. I asked her lawyer for proof that she is the Co-Agent, and did not receive a response. I did however, receive a letter that they are prepared to file some sort of protection or relief in court. What grounds can they seek a protection on? Don't these things need proof? And isn't this defaming my character?
Get the medical records that prove mom was incompetent at the time of the signing. Get the house sale records. Get all Mom's bank records. Then ask the DA and not the police, to investigate a case of elder abuse, fraud and punish the offenders. Prosecutors don't cost you a dime.
What did the letter from the attorney say? I know it said you were abusing your powers as DPOA but what did the letter say you had to do?
They're filing for some sort of protection? Or relief? What does that mean? Is your sister trying to get guardianship over your mom?
I think you need to get an attorney.
As others have said you and your other siblings need to see this sister facing charges. She committed fraud, IDK who you're talking to with this "the police won't do much", you need to pursue this, no one in their right mind sells their home for a $1.
If you keep going until you find someone who will handle this.
Get all the paperwork you can on this, the timeline, when you were forced out of the house, and go after her.
Forget about an apology, you won't get one. And you don't have to let her in YOUR HOME, I would call the police if she shows up and won't leave. Get a restraining order against her.
You need to stop handling this like you're dealing with a rational person, you're not.
Just from reading your comments I can tell(I know because it is normal and tried this mindset with my own brother until I realized I wasn't dealing with a logical person) you're looking at this as "why is she like this?", throw that out the window, accept she is a monster and act accordingly.
Good luck.
Going through lawyers sounds like a very expensive way of communicating. What, actually, is your sister's beef?
Return her attorney's letters "to sender" unopened.
If you've done something wrong with your mom's money yourself? Be worried. If not, call her bluff.
1. Find the sale date of the house and any eviction. Also, locate any doctor visits on or about that time within 6 mo prior. If dr diagnosed cognitive impairment, early dementia, etc.; then you would have proof that sis took advantage of the estate.
2. You have POA, so you are in the clear. You have plenty of substantiation for the care you have provided since eviction.
3. Use this documentation should you be called to court.
4. I wouldn't hire a lawyer as this is a ridiculous suit and in my mind, your sis just got an attorney to send you a scary lawyer letter meant to scare you.
A judge will likely throw this out of court or have an independent evaluation if your mothers health or assets are believed to be at risk under your care.
Honor your sisters request to not communicate with her directly. You might want to bait her with a calendar and have her pick all her visitation dates and times. Hopefully, you can accommodate most of them, then hold sis to them...if she misses, changes, etc...document it and take it to court with you.
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