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My mother is 94 and can't make that decision.

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I've done some searching from your page and found some important pieces to this puzzle.

1. 4 Days ago you shared on another thread that

"my brother has been staying with my parents for 12 years now.my father passed away 6 years ago and now he has beeh staying with my mother for the last 6 years .she is 94 and has real bad dementia.they just diagnosed her with bladder cancer and it has taken its toll on him .he is really not able physcialy or mentally to care for her anymore .

2. You asked,

"my question is would I be able to remove him as poa without my mothers consent since she is not able to make that decision"

3. "taiwanda, the short answer is no. She has to be of sound mind to appoint POA. You could apply for guardianship, but it is expensive and you'll need a lawyer."
https://www.agingcare.com/questions/guidelines-labeling-someone-with-dementia-as-failure-to-thrive-178243.htm

4. In April of 2014, you asked about "How do you go about having your parent committed to a nursing home?"
https://www.agingcare.com/questions/parent-committed-to-nursing-home-168062.htm

5. In January 2014, "If mom goes to a NH and signs away her assets what happens if they aren't all used?"
https://www.agingcare.com/questions/moms-assets-arent-all-used-nursing-home-164645.htm

6. Also, in January 2014, "Can my mother sign her house over to my brother in exchange for him being her caregiver?"
https://www.agingcare.com/questions/mother-sign-house-over-to-brother-in-exchange-for-being-her-caregiver-164485.htm

7. This whole journey became very intense in September of 2013 with "My brother who is caregiving for mom has left me messages threatening to commit suicide. Any advice?"
https://www.agingcare.com/questions/caregiver-brother-threatening-suicide-161778.htm

8. This journey began with a question in September of 2013, "What assets does a parent have to sign over if going into a nursing home?"
https://www.agingcare.com/questions/assets-parent-sign-over-if-going-into-nursing-home-161648.htm


It sounds like your brother has reached the absolute end of his rope and wants to give away his POA which legally, as was stated above, he can't do. This leaves you with only one option and that is to file for guardianship to get your mother the care she needs and to give your brother a break. What do you plan to do?

Please come back and let us know how this works out.

Do you have enough money to file for guardianship or will he have to turn his POA in and ya'lls mom become a ward of the state?
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No, he can't do it. Only your mother could and she isn't able.
Could you do the caregiving and he just makes the decisions? Could you share the load with him? Is he still overwhelmed? I hope you can work something out with him. He's been caring for your mother for a very long time.
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