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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!
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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...
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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!!!
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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.
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