Subject: Re: Confidental Mother desperately needed to go to NO to stay with brother due to anxiet re: weather
Question: I have the durable power of attorney and am Health Care Proxy for my mother. My mother was living independently in NYC until the horrific weather in NY this past winter. I live in NY, brother lives in NO. This past winter, my mother called and asked her son many times to come and stay for awhile. He ignored her. She had a smoke fire in her kitchen and he promised to help, but ignored her for two weeks. I completed everything with her insurance company and she stayed with me until her apartment was completely finished and liveable The apartment manager even called my brother and he said "I'm out of this." My sister who has basically done nothing for my mother in the past 10 years has accused me of abuse for not walking 10 blocks in the snow to be with my mother. I asked my mother repeatedly to take a car service, which I would pay for, to come to my apartment and stay. I also would pay for the driver to help her walk to the car. She was frightened of the wind. I've offered to share an apartment with her. One day during the beginning of this year, her other daughter talked to my brother, who she hasn't talked to in 11 years, and sent my mother off to NO. My sister FedEx's her checks and account number to my brother, donated her beautiful furniture, without my mother knowing it. Brother promised my mother that he would pay for his "babysitters for his kids" to help her too. He also promised to get her an apartment in NYC if she wants to come back. That is no longer an option. He has forged over $5,000 worth of checks, that I have copies of, since I was paying my mother's bills online and have access to her accoutn. These checks were used to pay "his babysitters." She never knew and now is telling me to "lay off." He has taken her to the bank and had her transfer money from her savings to her checking. When I told him that I spoke to a NY lawyer online, who said that he was "abusing his position and of his fiduciary duty removing from his position and to provide an accounting and return of assets wrongly removed from her accounts not for his benefits," he automatically returned a "little of her money," and told me I had to compensate him for doing this? He is telling me that he will be changing the Durable Power of Attorney over to himself. My mother said she didn't know this. I have many messages on my cell phone from my mother saying how miserable she was. Re: her health, I have gone to every doctor appointment with her in NY and her blood pressure was good. My brother now has her on blood pressure medicines, which I don't approve of. She needs exercise and little stress. I am a Master's prepared Registered nurse. I feel that my mother is being manipulated into thinking that my brother is doing the right thing. Everyone is turning her against me, because I am letting her know the truth about everything. She was even on the phone with me and her bank letting them know she wanted her account closed and to reopen a new bank account when she found out her son was writing checks. She could not open a new bank account unless in person.My brother has changed the address on her acount to his address and asked me for the password to the online banking, which I did not give. I want to end this whole thing, but want my mother to be safe. She crys and tells me that there is good food there, but lifestyle is not what she wants. I keep asking her to come back. This situation is making me ill. I am having a hard time working. Can he change the Durable Power of Attorney and HCP? My sister is verbally abusing me on the phone messages. Please help.

Answer: (April, 2010)
Charlton M. Ogden | Taggart Morton L.L.C. | 1100 Pydras Street, Suite 2100 | New Orleans, LA 70163

If your mother is mentally competent, she can execute a new Power of Attorney and Health Care Proxy to name your brother as her agent.

Subject: Successions
Question: My mother died 4 years ago, without a will. I hired an attorney because my sisters did not want to settle. I have been either non-advised or ill-advised by my attorney, and the estate is still not settled. Because of medical bills I can not hire another attorney. What are my recourses and how can I get this settled? There is also a trust for my Down's Syndrom sister which is questionable (as I read it, the thrustee can raid her trust.

Answer: (December, 2009)
Charlton M. Ogden | Taggart Morton L.L.C. | 1100 Pydras Street, Suite 2100 | New Orleans, LA 70163

Your inquiry is difficult to respond to due to lack of details. In general, if the succession is under administration, it is the duty of the administrator to close the succession and put the heirs or legatees in possession of the property comprising your mother's estate. If for any reason you feel your current attorney is not giving you good advice, it is always your perogative to terminate his services, and hire the services of new counsel. Due to your inability to pay, and if you have a valid claim to property comprising the estate of your mother, perhaps your new counsel would be willing to defer payment until the succession is resolved. Regarding your sister's trust, without having seen it, I cannot further advise.

Subject: Power of attorney
Question: My sister named her son as her power of attorney when she was single. Now that she is married, would her husband supercede her son in legal rights to make decisions for her if she becomes incompetent? She has not changed her will.

Answer: (November, 2009)
Charlton M. Ogden | Taggart Morton L.L.C. | 1100 Pydras Street, Suite 2100 | New Orleans, LA 70163

Your sister's son maintains her power of attorney to make decisions in the event of your sister's incompetence - there is no reason to change her will for what occurs during her life

Subject: Probate
Question: If probate is done in the state of Virginia, what is required for probate in Louisiana. What's is the cost for this service?

Answer: (November, 2009)
Charlton M. Ogden | Taggart Morton L.L.C. | 1100 Pydras Street, Suite 2100 | New Orleans, LA 70163

Louisiana courts will accept the probated will and transfer the property in accordance with its terms - what is the Louisiana property that needs to be transferred? If it is immovable property, you will need to open an ancillary succession in order to get a judgment of possession to transfer the property. The cost depends upon the time it will take to perform the services, and the costs of court and recordation of the judgment, if immovable property is involved. My hourly rate for such services can be charged at $200/hr. The court costs and costs or recordation are estimated to be $300.00