Can my mom with Alzheimer's give my brother POA if dad already gave it to me?

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Hello everyone! I am new to this forum and very happy I found it. I have a situation with my brother who is "acting up" in more ways than one. My father passed away from cancer at the end of April. His wife, my mother, has Alzheimer's and cannot make rational decisions. Before he passed, he wanted to make sure that I had control over finances and mother's health after he died, so he made me financial and medical power of attorney over both of them. He was of sound mind when he did so, and had my mother sign hers also.

My brother is a chronic freeloader (46 years old), has been in prison for too many DUIs, and just got off of probation last December, just for some background. My father's goal for me was to get mother moved to assisted living as soon as possible, so I focused on that goal. Four days after my father passed, my brother started sending me nasty texts saying that he is "taking control". I went over to the house to get a few things moved to mother's new apartment and he physically assaulted me (shoved me against a wall repeatedly, then pinned me there). It was then he let me know that he got mother to sign another POA (only the financial one) for him. The threatening texts continued to come for weeks after that, but I did finally decide to file assault charges, and I may tack on harassment.

He can't touch any money because I am the beneficiary of that money, and have been a signor on my parents' bank acount for years. My father's wishes were for do exactly as I have, but I need to get some work done at the house so we can sell for a larger profit. However, my brother has essentially taken over the house, changed the locks, and said he will "sell it when he's ready".

Anyway, my question is, since my mother can't make rational decisions, isn't his POA null and void and mine still active since my father was of sound mind?

I believe we might have to pursue legal action, so if anyone has any advice on that, please share.



Shiner, what a terrible situation. Your mother still has the right to choose her own POA unless she has been officially deemed incompetent. You do have the right to challenge the POA if there is one. The challenge would be based on what is going on. If he was given POA, it does not negate your POA. Your POA would have to be revoked for it to no longer be effective.

I hope you are able to get this worked out. Your brother sounds very self- and other-destructive.
Shiner - it's terrible that you're having to go through this. But know that you're not alone. There are a lot of dysfunctional families out there - mine included. I strongly suggest you call APS and get them involved immediately, explaining the situation. Personally, I doubt he really has POA and is BS'ing you. I suggest you talk to an elder attorney right away and also get the police involved in getting him removed from your mother's house. Be sure and have your POAs with you when you do this, and if he truly does have a POA, he will be required to show his to the police too. And definitely don't do this alone - invite a friend/cousin/co-worker to go with you (in case you need help AND a witness). Also have a locksmith or someone to change out all of the the door locks and garage access that same day so he cannot get back in unless he breaks in - and if he does, have him arrested for trespassing. He has no say-so as to when it gets sold. You have Financial POA and you are the only one who can sell it. Keep us informed as we care here. Good luck!!!
if your mother is still competent then its up to her or what she wants done even if you have POA ....good luck definitely a rocky situation...
Welcome to our community, although this is one I wish I did not have to partake. However, you can get an order of protection against your brother (like I did) and your local sheriff will go over to the house and evict him since you have the only reliable POA. No, your mother cannot legally sign documents since she is incapacitated. I had a brother like that (threatening, wouldn't let me in my mother's house even though he lived there while getting off DUI probation). So pursue legal action against him and keep ALL threatening emails, letters, etc., and DO NOT ever be alone with him. Witnesses are your best solution. I am proud of your efforts on behalf of your parents so keep up the great work! As a nurse and social worker, I can tell you family matters like yours are all too common. (I had the best revenge for my brother - I told him to stop smoking thousands of times, he got lung cancer and died at 55 yrs.). Good luck!
Did a lawyer draw up the POA for your mother naming your brother as her POA? Did the lawyer determine your mother was sound enough to sign such a document? It would behoove you to get a lawyer who is familiar with elder-care issues. It will likely not be too difficult for you to regain control from your brother given that you are already on the bank account and had previous POAs in place. But I would get a lawyer.
Thank you all for your replies.

@Maria - a lawyer did draw up the POA, but I hardly think she was with the attorney when she signed it since she rarely goes anywhere.

New developments - I am a signor on the bank account with my parents and have been for years. Yesterday, $3600 was transferred out online to two other bank accounts. We have launched a fraud investigation because I did not authorize those transfers and he used either my father's credentials or set one up for my mother (she has no clue how to use a computer) It turns out that he set up two more accounts for my mother and has moved the money. That money was supposed to pay her rent at her assisted living facility.

The will is about to be probated, and the executor is fully aware of what my father's wishes were, which was for me to be POA over my mother and to manage her care and finances. I believe he might be the only one who can legally stop him, unless the police decide to step in a arrest him for assault. That is still pending.

It's a fine mess - I hope we can get it resolved because it's about to kill my family.
This sounds like a family horror story that I'm dreading, I also have both POA's but was told that my brother could take my dad to an attorney and have things changed which would force me to take legal actions. My attorney said the other attorney would need to be very careful because if there was any hint of a health or mental issue, he could be sued. I am carefully documenting things and have alerted all of his doctors as to the family dynamics. I pray that my situation doesn't turn into yours. We need to be careful as POA's. My heart goes out to you.....
And my heart goes out to you, Lilykat. I think I am going to have to apply for guardianship. That is the only thing that will stop him if the law doesn't. You might want to do the same. Believe me - do anything you can to prevent this.
Shiner, not sure what your state laws are, but we tried to get a POA for my mom, who has dementia, last fall after my dad passed away. The lawyer was very kind and nice and spent an hour with my mother talking with and asking questions but said she could not draw up the papers because my mother was mentally incompetent. I thought because my mother was fine with me being her POA that we could get it, but that's not the case. The lawyer said any lawyer who would draw up POA papers for my mom at that stage could lose their license if it were challenged (by, say, one of my sisters) in court. That is why we unfortunately had to go the legal guardian route, which involves a lot of court appearances and of course legal fees.
Shiner, guardianship? Is that like having someone declared mentally incompetent? Is not having the doctors involved enough protection? I just wish my brother would crawl back under his rock and leave us alone! I'm with my dad four days a week, work almost full time and have a family. Obviously, I might not be protecting dad and myself enough from what you indicate.

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