From a legal perspective, no, as others have commented.
I provided a rather long answer to a recent question from someone who wanted to give himself/herself a loan based on his status as a holding a POA for a family member. The slightly shorter version is that the POA law in almost all states is rather pointed - the transactions conducted using a POA must be for the benefit of the principal (in this case, your brother) and if you are considering using a gift provision (if the POA has one that complies with the state's provisions), any such transfer must be in line with past practices and estate planning desires, as well as being for the principal's benefit.
From a non-legal perspective, if your POA happened to provide authority (and that's a a big if!) the fact that you already have an inkling that it won't be paid back, I don't see how this is for your brother's benefit. To make such a loan is really riding that fine line of the purpose of a POA - to protect your brother's assets and to only use for his benefit.
The fact that he'll never use it (and given the cost of care, I hope you are right) is of no matter when you are a POA - whatever may be available after his death and probate is when it could be distributed under the terms of the will (or state distribution law if no will).
Reason for no is also Medicaid lookback. POAs responsibility is to make sure bills are paid and money goes for the person who assigned you care. Loaning out money is not a good thing.
Dementia2015, your brother's money isn't for you to hand out. The money is his for his care only. Only once he has passed and the Will has been probated, any money you get from his estate you can lend to whomever you want.
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I provided a rather long answer to a recent question from someone who wanted to give himself/herself a loan based on his status as a holding a POA for a family member. The slightly shorter version is that the POA law in almost all states is rather pointed - the transactions conducted using a POA must be for the benefit of the principal (in this case, your brother) and if you are considering using a gift provision (if the POA has one that complies with the state's provisions), any such transfer must be in line with past practices and estate planning desires, as well as being for the principal's benefit.
From a non-legal perspective, if your POA happened to provide authority (and that's a a big if!) the fact that you already have an inkling that it won't be paid back, I don't see how this is for your brother's benefit. To make such a loan is really riding that fine line of the purpose of a POA - to protect your brother's assets and to only use for his benefit.
The fact that he'll never use it (and given the cost of care, I hope you are right) is of no matter when you are a POA - whatever may be available after his death and probate is when it could be distributed under the terms of the will (or state distribution law if no will).
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