Find Senior Care (City or Zip)
Join Now Log In
E
ERDews Asked May 2018

My mother just passed and my father is here with me. I moved in with them because my mother was ill. What can I do about brother's POA?

I have just found out my brother took my parents and got POA over both of them and I've been taking care of them. What can I do if anything about this?

Ahmijoy May 2018
I’m not sure I understand why you don’t want your brother to have POA. It’s not a real fun job. You have to keep meticulous records of every penny spent and it all has to be spent on the person or people you have POA for. Do you think he’s being less than honest? If you spend anything on Dad, keep the receipts and ask your brother for reimbursement.

freqflyer May 2018
ERDews, if your father has moments where he is clear minded [I see from your profile that your Dad has memory issues] then Dad can appoint you to be his Power of Attorney. It is best to have an "Elder Law Attorney" draw up the paperwork, so you know everything has been done to the letter of the law. Set the appt for the time of day that Dad is more alert.

So sorry your Mom had passed. Your Brother no longer has Power of Attorney for her. Who was the Executor of Mom's Will? Or did everything automatically pass over to your Dad?

Your Dad may want to up date his Will, or have a Will created if he has none. If Dad has assets one would need to know what are his wishes.

Also, in some families, for old fashion reasons, families will choose the son over the daughter for such legal matters.  So don't be surprised if your Dad still wants your Brother to be his POA.

ADVERTISEMENT


ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter