I moved in with mom over 5 yrs ago and now finding out some of my siblings have been secretly recording us for 8 months. Is this illegal and if so what can we do about it if anything. After speaking to some I decided one camera not 4 was ok to make them shut up. They say they are going to report me to elder abuse because I’ve been telling her about their sneaky actions. Since last year they have been trying to take over everything and even stop some of her activities which keeps her active. Even at 92, she is still capable of driving but only drives when I’m with her and she feels okay to drive. They are saying I’m taking advantage of her in her condition. Every once in a while, she does do something financial for me, but not much. I try to tell her not to, but she says she wants me to have it because I’m there with her. Mother has been saying for two years now about changing the will to where I can stay in the house as long as I want without them selling it. I told her not to do this it would cause problems with the siblings and now they are saying I’m only here to take advantage of mom in her condition? Now some of the kids are having her go to a neurologist next month to prove she’s got dementia, I’m sure at 92 she has some. They have become so controlling over her and one of my siblings is executive of her will and I don’t know what all powers she’s got over mom. I need advise, do we need to get lawyer?
If so is it the person that placed the cameras?
Where are the cameras located? It is NOT legal to place cameras in areas where a person would expect privacy. So none in bedrooms, bathrooms.
Is there Audio recording as well as Video? In some states consent for audio recording has to be given by all parties.
Check your State for the legality of Video recording as well as Audio recording.
Even a POA can not do this if someone else lives in the home.
You need to take mom to an elder law attorney, NOW. Then mom can set her affairs up as she wants.
What wins have done is an invasion of privacy and yes, against the law. However, in this case it may be labeled as a family squabble so a civil issue.
Get to that attorney to get mom taken care of so that what she does for you is done legally.
As Glad said, get an attorney involved.
Too bad you gave them permission for 1 camera. They all could have found out what their choices cost and seen the inside of a jail for their actions.
Brother being Executor of her Will does not give him any rights before her death. If Mom is cognitive and understand what she is doing, if there is no POA I would have her assign you. Tell her so you can protect her wishes and her money. Have it made immediate. Does not mean u have to take over right then and there but you won't need a doctor to claim her incompetent. She can change the Executor of her Will too. Do this before the Neurologist visit.
Mom and her Neurologist visit. She needs to know that HIPPA laws give her the right to have who she wants with her during the exam. You should be there besides other siblings, If she does not want anyone in the room with her, thats her right. If she wants you, thats her right. Better you because you live with her. He may have questions the others can't answer.
I was present at Moms exam. I sat in the corner behind Mom. I had taken my nephew before so I knew not to speak. He asked Mom a question and would look at me for confirmation. I would shake my head yes or no.
I think your smart in not allowing Mom to give you a Life Estate to her house. You seem to have enough problems with siblings. When all is said and done u just want to walk away.
The important question here is who is in charge? Is your Mom capable enough now to appoint you conservator or guardian or POA? An attorney can ascertain that by questioning her.
If you live with and care for Mom you should have a care contract of some kind.
And no, no one should enter your mother's home, unbeknowst to her, and put cameras in it. That would NOT be legal.
Good luck. Do make an appointment with an elder law attorney.