My 92 yr old Gpa is in his right state of mind, but has some serious health problems that are starting to affect him taking care of himself. He has macular degeneration and stage 4 lung cancer, but has decided not to receive anymore treatment for anything. My father, the only child, passed away 10 yrs ago. So, its my older brother and I that are left to start getting things in order as far as assets and property. My brother is living with him now and I recently found out from him, that he's had our gpa change the will to him getting the house and everything else that I know of. I don't believe this was our gpa decided to do without undue influence of my brother, He has been refusing to let me, or any other family members inside the house to check on him. He will not answer our calls or the door either. So, my cousin and I met and called the local police dept to do a welfare check because nobody could get them to answer. The police officer found a window that was unlocked and opened it to try to make contact. My brother that's inside comes to the room where we were and said he wasn't opening the door that it was his house. That didn't work for him because the police officer made him let us in to check on him, He was visibly dehydrated and was complaining of a bed sore on his back side. The next day my cousin goes to check on him and he cant talk or walk very well. My brother said he mustve taken too much meds. My cousin calls ambulance because my brother did not. I'm sorry, I know this is a lot, but this is just some of what's been going on. I've reported this to adult protective services and need to know what to do next.?? I am afraid that since he is in his right state of mind that nothing will be done, but I do believe there is some serious issues going on and think he's being forced to tell us he is fine, when he actually isn't.
It very much sounds to me as though you just did, if you had authorities breaking into the home.
I am sorry that hospice isn't helping brother to see your grandfather through the dying process. I would imagine, and it sounds as though, grandfather is now actively dying of his stage IV cancer. APS should be called so as to assess current level of care, and brother's ability to provide said care. If he cannot, grandfather should be removed from the home and placed in Hospice care.
As to what has happened with any will, you will be very unlikely to be able to PROVE in a COURT OF LAW, whether or not grandfather was fully capable at the time of making his will. If you wish to CONTEST any will, that will be very costly, and if an attorney assisted with the making of this will almost certainly fruitless to attempt. I say this, because your brother has been caring for your grandfather. You do not mention how LONG he has been living with and caring for him, but it does sound as though this is perhaps for some period of time???
If so, it would be natural and normal in my own personal opinion to give the home and any assets to the person who is actually doing the caregiving. Just my own humble opinion.
I am sorry the family is unable to come together in the care of your grandfather as he dies.
To me it is somewhat a sin to bicker over the still living body of a dying elder, when he is helpless, and needs so much loving care.
If you suspect fraudulent activity then do report it to APS as you have, and request an open case for followup on their part to insure your grandfather has a comfortable passing. I am sorry for this coming loss to you all.
I left a few things out of my post about my brothers ability to care for my grandpa. He was in an accident that makes it a little hard for him to take of himself, let along a 92 yr old person. He has not been living there long, maybe 2 wks. He was living with a friend that wanted him out because $ was missing out of his bank account etc. This was reported by the friends caregiver that stepped in. So, he has not been caring for him that long. He brought all of the conversation up about things being changed about the house the night we went there. I only talked to him about getting him someone to come help with caring for him. I agree about not coming to an agreement but I'm honestly not worried about it until its time. My concern is his care.
The hospital should also report the possibility of elder neglect.
As to the Will and any changes made, you say your grandpa is in his "right state of mind" if that is the case he can make any changes he wishes.
He is now on the APS "radar" and they will check on him.
Does your brother have POA? for Health and finances?