Dear Prudence,
I am a mother of three children. “Jamie” (36) and “Patrick” (38) are children from my second marriage. “Elise” (45) is developmentally disabled. Her father and I divorced when she was 2 years old. When Patrick turned 19, he moved out of the house. He felt we had never paid attention to his needs, even though we cared for him. He grew distant and has not maintained contact with me, although he keeps in touch with Jamie.
Recently, I’ve been dealing with health issues and have been worried about who will take care of Elise when I pass away. Even though Jamie and I have discussed Elise’s care for years, two months ago, when I began to seriously talk to her about guardianship and other details, she told me that she couldn’t be responsible for Elise. Jamie told me that she is getting married and plans to start a family. Caring for Elise would be impossible for her if she had a small child.
Elise’s biological father is deceased, and he never provided financial support for Elise. My second husband also passed away a few years ago. I’m not in a very good financial position, so I can’t leave behind a trust for Elise. However, I am aware that Patrick is doing very well. He even paid for Jamie to go with him on vacation last year and sent her fancy presents for her birthday and Christmas. I want to appeal to Peter for assistance. Ideally, it would be a trust so that someone could care for Elise. I know he has the money, and she is his half-sister.
I brought this idea up with Jamie. Since they talk regularly, she could bring it up with him. However, Jamie refuses to do this. She says it might damage her relationship with her brother. I am desperate. Do you think there’s an argument I could make to make this happen?
—Worried Mother