Mother is 93, she has named me and my brother both as poa's however she has bought a house and he's wanting half of what she put down of the house and the car because she turned them over to me. They are in my name, the house is in her and my name. I am fighting, I'm giving him half because he is not doing anything to deserve it. He doesn't come up here to help, he lives in Tennessee. He calls her once a week, however, he has been diagnosed supposedly with dementia. How can he be on her estate as a POA or a personal representative with dementia?
Seems you r not that close anyway. Let the chips fall concerning him. The State will eventually take over his care if he has no family of his own. It will be faster for them to find a place for him. You are not responsible to him. Caring for Mom is enough.
As POAs you cannot use Moms money for anything other than Mom personally. It does not give you the right to pay brother anything. It also does not give brother the right to withdrawal anything. This will cause so many problems if Mom ever needs Medicaid. If she turned over the car to you and gave u half the house within 5 years before she needs Medicaid, that also will cause problems.
If you can, I would talk to the Lawyer who drew up the POAs. Your profile says Mom has a Dementia. Because of this, Mom can't revolk brothers POA. If your brother has been diagnosed with a Dementia, maybe the lawyer or another lawyer can get Dr files to prove this. If so, the lawyer maybe able to revolk the POA based on brother not being competent. If brother has access to Moms accounts, I would also question if I could close them and open new ones.
I hope Mom has a Will and that her half of the house is being left to you. Because if no Will, you can become an Administer doing everything an Executor would but...the State determines who inherits. In ur case, Moms half of the house would be split between you and brother, if he is your only sibling. Meaning, he now owns 1/4 of the house.
You don't mention how it is you know about your brother's diagnosis with "three types" of dementia?
Is your mother still capable and well enough to change her POA? Is she aware that her other son has been diagnosed with several kinds of dementia?
I am hoping that your name was put on the home you (and your Mom?) live in when Mom had full capacity to act to do so? Otherwise it could look like taking advantage of a POA for personal gain. Something that I know you understand is against the law. Keep meticulous records of everything no matter what actions are being taken.
I would see a Lawyer about these questions re your Mom's estate and re the POA because it all sounds quite complicated, or as though it could become complicated.
Your Mom will also have a will? Hopefully you or another competent family member is named executor there.
But I can't see what that's got to do with his belief that half of your mother's assets should ultimately go to him. Mind, I'm not saying a single word about the rights and wrongs of your respective claims on your mother's future estate - I'm just pointing out that it's got nothing at all to do with either the POA, or his dementia.
Has your mother made a will? If not, she'd better, and she must make it by herself according to what she thinks is right. You take her to the attorney and you STAY OUT OF THE ROOM.