I have been a caregiver for my parents and 3 siblings for almost 35 years. I started at the age of 18. Dad passed and left the will to my mum. My mother has been in a nursing home for a few months now because she is not capable of signing. I had to get a medical report from the doctors to sign power of attorney. I didn’t want to sign for myself so I told my only brother that we'd both sign. Well of course he didn’t want to miss out on the opportunity. A while went past and I kept asking my brother that he and I must sign the power of attorney just in case mum passed and there will be no power of attorney. He kept delaying it and of course I had my suspicions. It turned out that he had signed for the power of attorney for himself and didn’t include me in it. Until this day I’m not sure if he took his wife to sign as well, he's never been caring for any of them, his wife never visited the house or the nursing home.
Is what brother has done illegal or legal? And is it fraud? How would I able to prove that my mother has always said that she wants me and my brother to be a power of attorney not only one of us? She has dementia and can’t rember what she says or how to sign.