Dear Sir Madam,I have an aging mother 85...

Asked by RenetteG on 12-01-2020 13:40:16
Question posted in the Family Law category relating to Gauteng

Dear Sir /Madam,

I have an aging mother (85 years old),who has three children, one son and two daughters.She is still living in her house with her son.Her health has deteriorated and she is now in a wheelchair,although we (the daughters)have tried unsuccessfully to convince her to go to an old age home or at least get a live in nurse she has refused.In addition to owning the house where she lives she owns two further houses and has some investments.It has come to the notice of me and my sister that our brother has been drawing money from her investments (with her permission) and is spendinding the money on himself while neglecting our mother.He also doesn't support the idea of her going to an old age home or getting a nurse either.My mother has told us that she has given him signing power on all her bank accounts.My question is this: Can we prevent my brother from drawing further cash from her bank accounts as well as preventing her from giving him full power of attorney? We believe that, this is what he is ultimately aiming for.We are worried that he with power of attorney will sell her properties and leave my mother without any financial means.To further complicate things he has no financial resources of his own and should my mother need any medical care or frail care this financial burden will fall on my sister and myself as he will most certainly blow any money he gets from the sale of the houses.He is unmarried and has no children,while both daughters are married and have children still studying. Both my sister and I have no problem with giving my mother financial help but not while she has her own assests that are being used by our brother for his own use.

I hope you can outline any legal actions/options that we may have to solve this problem.Thanking you in advance

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.