Oops sorry i hit wrong button. No not yet. I just learned today, my adopted mother is trying to place my sister in the

Expert's Assistant chat

Customer: Oops sorry i hit wrong button.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet. I just learned today, my adopted mother is trying to place my sister in the care of the brother, who molested me years ago, when the mother passes on. She is 74 yrs old. She has crohn's disease and is getting older. I guess she's trying to make sure my sister is put in a safe home. I had an alcohol and drug addiction 7 yrs ago. I am now clean and sober. My children and grandchild, who is autistic, resided with her until I could get my life in order. However, my children and grandchildren are not living with her anymore but live near her still. She used my addictions to get custody of my middle child n grand daughter. And given my state at the time, I felt were ok to be there. Now the granddaughter is in another home more suited for her needs. My daughters now have their own homes.
JA: What state are you in? Guardianship law varies by location.
Customer: I live in Alberta. And the adopted mother and my children live in BC. My youngest child lives with his Dad on Vancouver Island.
JA: Do the biological parents consent to the guardianship?
Customer: Yes at the time we agreed. I was going through a separation and my alcohol was a lot outta control. Now i finally got my life together and resituated myself. My girls endured some blackmail manipulation. Has been her means of controlling everyone since I was a child at 9.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My sister is treated like her personal maid, for quite some time now. And uses threats to keep things orderly in the home. My sister has a mentally challenged group that she was attending, once a week. And that's the only outting my sister gets away from, dear mom.

Answered by Legal Ease in 28 mins 1 year ago

Legal Ease

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Legal Ease

163774 Satisfied customers

10+ years of experience

Legal Ease

10+ years of experience

163774 Satisfied customers

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Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer

Thank you

Legal Ease, Expert

I am sorry to hear of this difficult situation.

Are you saying that your sister is an adult but is mentally incompetent to make decisions about her care or finances?

Are you talking about the mother's will?

Customer

We are a year and 10 months apart.

Customer

The sexual abuse was happening from age 11 to 17. As my own revenge tactic i was having a consentual affair with the adopted brother, he was my adopted mother's son who my Dad hated. And was my way of getting even, so to speak. When my adopted Dad learned of this happening the story was twisted into rape, where he was concerned. And was reported by becuz of the manipulation and fear my adopted mom used. I was forced on my 16th birthday, to recant and i lied and told officials i made up the whole story. Soo that their home wouldn't be shut down and risk losing my sister and possibly never seeing again.

Customer

The sexual abuse continued with my father and my brother was banned from our home. My life was very messed up. My behavior was promiscuous and obvious something wasn't right going on. But my sister was my reason for not telling the truth. My adopted mom was part of the foster parents association, so she had many trips she had to go on. And the care of us kids was with my adopted Dad, of course. He passed away in june 1994. And that was the end of that part of the ugly truth. I was 17 yrs old, quite grateful and very happy of his tragic work death.

Customer

My adopted brother was eventually let back in the home, with his wife, daughter n baby boy at that time. Of course, i wasnt treated to great by mother. But i made the best of it and did my part to not cause trouble for her and rest of foster kids there. I was smoking pot and drinking as often as possible. And she was losing control of me. I was soo happy the father wasn't around and i went a little crazy being a party girl. My adopted mother tried to be there but i was babysitting kids for her a lot. And wasn't much she could do to stop my behavior. I became pregnant and had my daughter at 19.

Customer

then i moved out, as she and i butted heads a lot. She didnt know about the sex abuse going on with her husband and me until my daughter was 3 or 4 yrs old. She suspected something a cpl times, as a few awkward moments she walked in on. But when she got me alone and tried asking me about it. I made her think she was crazy for suggesting and asking such things. I was trained very well how to deal with her and any officials

Legal Ease, Expert

That is all terrible but are you asking now about what will happen to your sister and what you can do about her?

Customer

actually 8 yrs ago, my husband and i separated. I left my 3 kids with him. My oldest has lived on and off with my mom over the years. N soo he thought moving near my mom he would get help with our kids. Then in my crazy drinking i went to where my mom n ex were to get my kids back. Things got ugly. My moms control and manipulations took another turn. She told welfare what i was trying to do n let them know i was a drunk n high mess n got custody of my middle daughter. N here i am now.
My sister is who im very concerned about. Yes. Im worried things will get ugly when this all blows up.

Customer

Im not about revenge but placing my sister with him is not a good idea. She knows full well that i will fight her on that. My oldest daughter just recently told me a few things about how my sister is treated and how my adopted mom manipulates everyone in her path. Shes a very good liar, turns on the tears on to get social worker n whoever else's sympathy card with poor old lady act.

Legal Ease, Expert

If your sister is mentally incompetent then what you can do is apply to the court for an order declaring your sister to be incompetent and appointing you as her legal guardian.

If the court does agree to appoint you as your sister's legal guardian you will make all decisions about her care and her finances. The mother will have no say while living or after she dies.

Your best next step would be to retain a lawyer where you sister lives.

What you can do to find a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

***-***-**** or 1.***-***-****.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer

Thank you. You were helpful and I'm glad you could steer me to a proper start. I will figure a way to get this done. Being in Alberta makes this a bit challenging.

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