Having to take my mother to court to prove she is not competent

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dave_in_KWC

Senior Member
May 21, 2014
287
89
28
KWC, Ontario
#1
Having to take my mother to court to prove that she's not competent has been one of the most trying of all things in my life, so far.

At this point we have spent many thousands of dollars in court to try to stop my mom from firing me as her power of attorney (POA) and disinheriting me for the 5th time.

She has a history of severe mental instability that has just been made worse by the death of my father in 2015. Since then, for fear I would have her psychiatrically commited she has stolen my business smart phone (for fear I would record and sumbit to the authorities her rants and ravings) and fired me as her POA (twice in the past two years and disinherited me 4 times in the past 17 years.

My family cannot allow her to terrorize us with her threats and action and manipulations any more and thus we hired one of the best Estate Litagation teams in the country and as of April have had to go to court to prove she was not competent to fire me as her POA this past Winter. Her previous lawyer who handled her legal affairs refused to continue as her lawyer this past Fall and the only lawyer she could find to fire me has been a person my lawyer has out-and-out called a "shyster". The Judge in the case has already removed this lawyer of my mom's from representing my mother in this matter before his court and the judge assigned a lawyer for my mom that is highly respected in this Estate Litigation court.

We are struggling financially to have liquid assests to pay our ongoing legal bills (at the end of July 2017 here we expect another bill for at least $5K! :eek:S)

Please pray that we can see this battle through and that we can reconcile somehow with my mom and see an amicible/friendly solution to her bitter rejection of me. She is not well and we need the best Geriatric Psychiatrist in the area to be permitted to examione and assess her competency and give expert testimony on whether she was competent to fire me and disinherit me.

Blessings as you pray!

Please feel free to comment.
 

levi85

Senior Member
Jul 2, 2013
8,578
2,180
113
#2
Lord please solvd this problem and bless dave_in_KWC and mom yes Lord bless them and let you be obeyed and worshipped. In Jesus loving name, Amen!
 
T

TemporaryCircumstances

Guest
#3
I'm so sorry
That's definitely not easy.
I've had to go to court against my parents multiple times, and it's very trying on your anxiety and well happiness haha
I'm sure things will work out though.
I'll be praying
 

dave_in_KWC

Senior Member
May 21, 2014
287
89
28
KWC, Ontario
#4
Thank you, TemporaryCircumstances... I appreciate your empathy and understanding.
 

Zachary24

Senior Member
Jul 26, 2017
205
68
28
#5
I pray for you in this trying time my friend. God Bless you
 
J

joefizz

Guest
#6
Please Father God be with,Dave,and his family as they struggle to stay afloat financially as well as have,Dave be able to still keep his mother from mischief with power of attorney,God I pray you intervene in Dave's mother's life and have your will be do in all,Dave has requested prayer about,in Jesus's holy name I humbly pray,AMEN.
 
Feb 28, 2016
11,311
2,972
113
#8
instead of spending vast amounts of $$$ - on determining what another person is
capable of, spend it on ways that will show her how much you Love her and care for her -
obviously there are multiple 'family members' involved, so, get them really involved and make
a family effort to appoint someone whom she 'trust's', and that can give HER some piece...

we know what we are talking about, been there...

Trust Jesus Christ to lead, and not man-made-mandates'...

LUKE 12:13-14-15.
And one of the company said unto him, Master, speak to my brother, that he divide the inheritance with me.

And He said unto him, Man, who made me a judge or a divider over you?

And He said unto them, Take heed, and beware of covetousness: for a man's life consisteth not
in the abundance of the things which he possesseth.

praying for you ALL,..

go instead for the 'Gold', what Jesus would have you ALL do together as a 'unit', if possible,
for Her, after all, she is why you are all here in the first place....

there are 'worldly-matters' and there are 'Godly-Matters'...
 
Last edited:
Feb 5, 2017
1,118
36
0
#9
One thing comes to mind straight away, I assume she has a lot of money/estate.

Having to take my mother to court to prove that she's not competent has been one of the most trying of all things in my life, so far.

At this point we have spent many thousands of dollars in court to try to stop my mom from firing me as her power of attorney (POA) and disinheriting me for the 5th time.

She has a history of severe mental instability that has just been made worse by the death of my father in 2015. Since then, for fear I would have her psychiatrically commited she has stolen my business smart phone (for fear I would record and sumbit to the authorities her rants and ravings) and fired me as her POA (twice in the past two years and disinherited me 4 times in the past 17 years.

My family cannot allow her to terrorize us with her threats and action and manipulations any more and thus we hired one of the best Estate Litagation teams in the country and as of April have had to go to court to prove she was not competent to fire me as her POA this past Winter. Her previous lawyer who handled her legal affairs refused to continue as her lawyer this past Fall and the only lawyer she could find to fire me has been a person my lawyer has out-and-out called a "shyster". The Judge in the case has already removed this lawyer of my mom's from representing my mother in this matter before his court and the judge assigned a lawyer for my mom that is highly respected in this Estate Litigation court.

We are struggling financially to have liquid assests to pay our ongoing legal bills (at the end of July 2017 here we expect another bill for at least $5K! :eek:S)

Please pray that we can see this battle through and that we can reconcile somehow with my mom and see an amicible/friendly solution to her bitter rejection of me. She is not well and we need the best Geriatric Psychiatrist in the area to be permitted to examione and assess her competency and give expert testimony on whether she was competent to fire me and disinherit me.

Blessings as you pray!

Please feel free to comment.
 
Feb 5, 2017
1,118
36
0
#10
Exactly, I don't see much love at all in his post. Is she forceful about re-inheriting him, and making him POA, 'again', or is it the other way round? She fears he will try to get her committed, so exactly what does he mean when he says 'Having to take my mother to court to prove that she's not competent' if it is not that?

instead of spending vast amounts of $$$ - on determining what another person is
capable of, spend it on ways that will show her how much you Love her and care for her -
obviously there are multiple 'family members' involved, so, get them really involved and make
a family effort to appoint someone whom she 'trust's', and that can give HER some piece...

we know what we are talking about, been there...

Trust Jesus Christ to lead, and not man-made-mandates'...

LUKE 12:13-14-15.
And one of the company said unto him, Master, speak to my brother, that he divide the inheritance with me.

And He said unto him, Man, who made me a judge or a divider over you?

And He said unto them, Take heed, and beware of covetousness: for a man's life consisteth not
in the abundance of the things which he possesseth.

praying for you ALL,..

go instead for the 'Gold', what Jesus would have you ALL do together as a 'unit', if possible,
for Her, after all, she is why you are all here in the first place....

there are 'worldly-matters' and there are 'Godly-Matters'...
 

dave_in_KWC

Senior Member
May 21, 2014
287
89
28
KWC, Ontario
#11
instead of spending vast amounts of $$$ - on determining what another person is
capable of, spend it on ways that will show her how much you Love her and care for her -
obviously there are multiple 'family members' involved, so, get them really involved and make
a family effort to appoint someone whom she 'trust's', and that can give HER some piece...

we know what we are talking about, been there...

Trust Jesus Christ to lead, and not man-made-mandates'...

LUKE 12:13-14-15.
And one of the company said unto him, Master, speak to my brother, that he divide the inheritance with me.

And He said unto him, Man, who made me a judge or a divider over you?

And He said unto them, Take heed, and beware of covetousness: for a man's life consisteth not
in the abundance of the things which he possesseth.

praying for you ALL,..

go instead for the 'Gold', what Jesus would have you ALL do together as a 'unit', if possible,
for Her, after all, she is why you are all here in the first place....

there are 'worldly-matters' and there are 'Godly-Matters'...
I appreciate you trying to be helpful, oldethennew, however I have prayed and sought the wise counsel of mentors and elders within my circle of trust. If I knew you I might solicit your advice, but the fact that you offer it so critically (I came here asking for prayer) and without you asking me for more information before offering me such critical advice, belies why I would not seek your counsel.

You reply has been submitted to the moderators for their consideration.
 
Last edited:

dave_in_KWC

Senior Member
May 21, 2014
287
89
28
KWC, Ontario
#12
Exactly, I don't see much love at all in his post. Is she forceful about re-inheriting him, and making him POA, 'again', or is it the other way round? She fears he will try to get her committed, so exactly what does he mean when he says 'Having to take my mother to court to prove that she's not competent' if it is not that?
Not sure why you wouldn't ask me directly?
 
S

Sully

Guest
#13
I appreciate you trying to be helpful, oldethennew, however I have prayed and sought the wise counsel of mentors and elders within my circle of trust. If I knew you I might solicit your advice, but the fact that you offer it so critically (I came here asking for prayer) and without you asking me for more information before offering me such critical advice, belies why I would not seek your counsel.

You reply has been submitted to the moderators for their consideration.
I get more insight out of this post than the OP.
 

dave_in_KWC

Senior Member
May 21, 2014
287
89
28
KWC, Ontario
#14
We just found out that she spitefully sold all the items in her home, privately, without informing her immediate family to punish us for our insistence on her being tested for her competence to make legal decisions. She has been previously found incompetent on the last two tests of her capacity (since end of August 2016).
 

Didymus

Senior Member
Jan 11, 2017
128
6
0
#15
My brother, if it were my mother I would let her do as she pleases, regardless of her level of sanity. I know this may be hard, but it is all about the money at this point. Relinquish the POA and wash your hands of the manipulative dealings and threats which are all about the money. Jesus said you can't love God and mammon.

I will pray for you Dave- I know there is a lot more to this story than what you are able to share. I will pray for peace in the family and for reconciliation in the family, regardless of your mom's sanity. I know you are trying to honor your mother, and please continue doing so my friend. Recognize that it isn't her who is creating all of this drama, it is our adversary.

Best of luck to you.
D
 
D

Depleted

Guest
#16
Having to take my mother to court to prove that she's not competent has been one of the most trying of all things in my life, so far.

At this point we have spent many thousands of dollars in court to try to stop my mom from firing me as her power of attorney (POA) and disinheriting me for the 5th time.

She has a history of severe mental instability that has just been made worse by the death of my father in 2015. Since then, for fear I would have her psychiatrically commited she has stolen my business smart phone (for fear I would record and sumbit to the authorities her rants and ravings) and fired me as her POA (twice in the past two years and disinherited me 4 times in the past 17 years.

My family cannot allow her to terrorize us with her threats and action and manipulations any more and thus we hired one of the best Estate Litagation teams in the country and as of April have had to go to court to prove she was not competent to fire me as her POA this past Winter. Her previous lawyer who handled her legal affairs refused to continue as her lawyer this past Fall and the only lawyer she could find to fire me has been a person my lawyer has out-and-out called a "shyster". The Judge in the case has already removed this lawyer of my mom's from representing my mother in this matter before his court and the judge assigned a lawyer for my mom that is highly respected in this Estate Litigation court.

We are struggling financially to have liquid assests to pay our ongoing legal bills (at the end of July 2017 here we expect another bill for at least $5K! :eek:S)

Please pray that we can see this battle through and that we can reconcile somehow with my mom and see an amicible/friendly solution to her bitter rejection of me. She is not well and we need the best Geriatric Psychiatrist in the area to be permitted to examione and assess her competency and give expert testimony on whether she was competent to fire me and disinherit me.

Blessings as you pray!

Please feel free to comment.
Instead of constantly fighting over business matters because she's not competent, how about fighting the real fight? I know this sounds harsh, but my family had to do the same thing. Dad was dangerous to himself and to others on his own, so brother (Dad's executor) went through the process of having him committed.

You already have the legal system backing you -- lawyers and a judge. Use that to your advantage. Find out what the process is in your state, and go through it.

An amazing thing happened with Dad. Downright miraculous. When Dad still had his mind working for him, his first love was his house. Then he had dementia, (probably Alzheimer's), which has a tough symptom. When the memorizes start failing, emotional memories kick in. Familiar keeps them functioning longer, and his most familiar thing is his house, so he was dug in like a tick into that house to the point of having a loaded gun ready to defend it or him. (My brother thought he got rid of all Dad's guns years before, but Dad hid one. And Dad was threatening my sister and brother, saying he would use it. We will never know how he planned on using it -- to kill himself, one of them, or anyone trying to take him out of that house.) He already got lost for 13.5 hours driving his car to get a hair cut. He already lit the woodpile outside on fire and watched it burn for hours before a neighbor noticed the smoke and called the fire department. (It was 4 feet high and about 16 feet long, completely gone, yet Dad swears it was a minor flare up.) He was a hoarder, and because he didn't notice the garage at foundation level was disintegrating from water rot over years, he also didn't notice Black Mold!

In our state, the patient has to volunteer to be committed. There was no way, no how Dad was ever going to do that. Add to that, he needed a lawyer to defend him in court. She did. She checked out what was going on with all six of us "kids" and talked to Dad at length. After she was done, she too knew Dad had to be taken away from that house.

The judge was on that side of the issue too, but Dad had to get there himself. That's when the miraculous happened. Two lawyers, my brother, my father, and the judge in that courtroom that day. Six hours of talking, mostly the judge and Dad doing the talking, and FOUR times Dad said he should help his family by going to rehab, (he's also an alcoholic) and then assisted living.

You've got the team you need to help you. When you get her lawyers on your side and the judge on your side, it's not your side. It's HER side. She needs help. Find out what is needed to get her in a safe environment to protect her, and you don't have to keep fighting battles about the business. Remember it's about her.

And remember you have God on your side. All the weapons are there already. You're just fighting the wrong battle. It's not business. It's her! Fight for her safety.
 
D

Depleted

Guest
#17
Exactly, I don't see much love at all in his post. Is she forceful about re-inheriting him, and making him POA, 'again', or is it the other way round? She fears he will try to get her committed, so exactly what does he mean when he says 'Having to take my mother to court to prove that she's not competent' if it is not that?
Too much to assume someone who does help mentally disabled people (which Dave does) actually knows what incompetent means?

I saw no love in your post, just judgement.
 
D

Depleted

Guest
#18
My brother, if it were my mother I would let her do as she pleases, regardless of her level of sanity. I know this may be hard, but it is all about the money at this point. Relinquish the POA and wash your hands of the manipulative dealings and threats which are all about the money. Jesus said you can't love God and mammon.

I will pray for you Dave- I know there is a lot more to this story than what you are able to share. I will pray for peace in the family and for reconciliation in the family, regardless of your mom's sanity. I know you are trying to honor your mother, and please continue doing so my friend. Recognize that it isn't her who is creating all of this drama, it is our adversary.

Best of luck to you.
D
So you'd be fine with your mom living in a house with nothing in it, because that's what the crazy in her told her to do?
 
D

Depleted

Guest
#19
BTW, with the advice given freely on this thread, had my family taken this advice, not only would Dad still have to get assisted living, (and we did try keeping him with one of us, but he wanders at night, turning on stoves for no reason, and he does wake people up to ask where he is), he'd be warehouses by now, because even if we put all our money together to take care of him, the best we could afford is a cheap-arse foster situation, instead of the luxury care facility he's in now, because we didn't let him spend all his millions on more and more cartons of iris bulbs he could never plant.

How about this for an idea? If someone has POA it means the person knows what he/she is doing!
 
D

Depleted

Guest
#20
I get more insight out of this post than the OP.
As I got more insight into you for that one!

Pretty much off-the-cuff with no need to check out anything, because it's really not that important to you, huh?