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Jada824 Asked September 2018

Brother had Mom with dementia sign durable POA. Is this legal?

I just found out that my brother had my mom's POA changed to a DPOA and had my name removed with his daughter as secondary instead of mine. I cared for her for years in the beginning & he did nothing. As soon as she couldn't handle her finances he pushed me out & would call the police repeatedly saying I was harassing her.


He lied to my mom & made her paranoid of me so if I tried to call her or see her he would call the police. Mom will not go against him because he is now her caretaker & he yells at her to get his way. She now is acting angry at my 2 sons who she has always been close to & who have helped her immensely.


I know she had dementia when she signed these new documents & didn't understand the power they give him. How could someone who doesn't know her notarize these papers?

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J
Jada824 Sep 2018
Thank you everyone.
Helpful Answer (0)
J
Jada824 Sep 2018
It's already to the point where we are cut off from her. She won't talk to me on the phone anymore & my brother has it that I'm not allowed to go to her house. I live across the street from her & he lives about 13 miles away, but he controls all her thoughts & actions. She will not go against him! This whole situation is making me sick!
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D
dlpandjep Sep 2018
https://www.agingcare.com/local/elder-law-attorneys
This site will steer you to attorneys in your area as well as answer questions for you.
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D
dlpandjep Sep 2018
I am so sorry you're going through this. You have obviously been pushed out of your Mother's life and what your brother is doing is very unkind and quite possibly illegal. Seek the advice of an elder attorney - sooner the better. Otherwise, you and your family may be completely cut off from her.
Helpful Answer (1)
S
Sunnygirl1 Sep 2018
I might consult with an attorney to go over the options. If brother has inappropriate motives, authorities may need to investigate. The welfare of a vulnerable senior may also need investigating if she is being mistreated or abused.
Helpful Answer (1)
A
Ahmijoy Sep 2018
If Mom was (legally) proved incompetent and officially diagnosed with dementia, this new DPOA is not worth the paper it is printed on. You need to find an Elder Law Attorney to go over these papers and help you prove this. You also need to address your brother’s verbal abuse of Mom, perhaps with Adult Protective Services. He is isolating and controlling your mother and something needs to be done within legal perimeters for your mom.
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