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tichinee Asked May 2019

How do I take over legal guardianship and power of attorney from my younger brother over my mother?

I am the son of Patricia, 76. My younger brother Luke has legal guardianship and power of attorney over Mom. I live with my mother and Luke lives about 500 miles away. I want to take over power of attorney and legal guardianship. Luke can't be reached most of the time and has a family and is married to a woman who has kids with another man, so he doesn't have much time to devote to my mother. He just wants to put her in a jail-type restricted living facility. My mom and I live at a retirement home that serves meals. I take care of her daily needs, anyway. I would be much more able to make proper legal decisions for her than Luke. I am 51 and Luke is four years younger, not that that makes a difference.


What do I need to do to take over legal guardianship and power of attorney from Luke?

OldSailor May 2019
If he in fact has guardianship he is responsible for her care totally. I don't know which state you are in but your state laws will lay out exactly what he is responsible for doing.
With the guardianship I had for my wife I had it all. I was guardian for her person and her estate. She lived at home with me. I saved her SS expecting to need it in the future for her institutional care. I paid for everything else. That included shelter, food, most clothing, transportation, meals out, her protective underwear, bed protectors, etc. The only money I took out of her account was for her intertainment ( think gambling) or special clothing like her LaMaze bras. I paid for meals out.
I had to turn in to the court an annual balance sheet of her money, expenses, and inventory of her possessions, like jewelry automobile.
If he is doing nothing I think you have good grounds to file for guardianship. But that should take a certified elder care attorney.
In this state if he only had guardianship for her person then another person could have been appointed as her POA for her estate or vise versa.
If he has guardianship over her person and estate then there is NO POA.
Whatever your wishes are, you need to retain a certified eldercare attorney and file the necessary paper work with the court. This is no easy matter but it may be necessary in your state.
Additionally , here when the guarded person passes away, the guardian needs to file a petition to have the guardianship terminated. At that time an executor needs to be appointed for the estate.

Ihope this helps you and I wish you the best of luck.

JoAnn29 May 2019
There is no more POA, guardianship took its place. You would need a lawyer and money to override his guardianship.

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worriedinCali May 2019
You can’t just take over POA and guardianship. And POA is never “over” someone, it is for someone. Your mother cannot assign a POA anymore since she now has a court appointment guardian. If you want to become her guardian, you have to go to court for that and convince them that it should be you and not your brother.

anonymous901498 May 2019
Your mother makes the decision as to who she wants as power of attorney and the court decides legal guardianship. Power of attorney is not over someone. POA gives one the ability to act on behalf of a person.

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