Can my brother who is Durable POA do things on the financial part without my mom's consent? She is still coherent.

I’m not really clear on what your question is. Do you think your brother is doing something funny with Mom’s money? His POA would not kick in unless Mom became unable to make her own decisions. However, if he is joint on her bank account, he is able to withdraw her money whenever he wants. I don’t think he has to account for what he does with it since it’s considered his money too. Work with your brother to educate him and chose what’s best for Mom. There is a big difference between Independent Living and a nursing home. However, both places can cost thousands of dollars a month. A Senior Apartment might be a better choice if Mom can still care for herself.

If Mom is still sharp, and as you write, able to fend for herself, she probably isn’t ready for Assisted Living or a Nursing Home. Is she currently in a Senior Apartment? My mom lived in a really nice one. They had weekly bingo and also ran bus trips about once a month. The community transit also stopped right outside her door to take her shopping. Mom will need to make the effort though, to reach out to other residents for fellowship.

His POA does not give him that right. Who wrote up the POA, that lawyer needs to explain how it works.

Ok. I understand now. I’m just thinking that any place you put Mom that is on the grounds of an all-inclusive senior complex that goes from Independent Living all the way to lockdown Memory Care is going to be very expensive. That’s why I suggested a Senior Apartment independent of a Senior living complex.

As for Brother, we teachers tend to think we know it all and kind of resent being told we don’t. ;0). You may have to get around that with honey and sweet-talk. And, at his age, he may be getting burned out. It’s not the same teaching nowadays that it was when he was a young teacher.

Depending on how it is written, he can do financial transactions on her behalf in a manner she would want. My DPOA for my dad allowed me this because he is physically disabled and unable to go out often to handle business. There's a small clause in mine that states that I can be paid for services I render that cost me personally in his interests, but I have to show what that is for. For instance, when he requested I go 3 hours away to his old house to gather collectibles and other personal items not necessary for daily living, I had to drive my personal vehicle, rent a trailer, pay for gas, and it took a day of my time. So I kept receipts and tracked my miles and time and paid from his account (mostly just for the gas and trailer and an extraordinarily small amount for the miles and time). If the brother is using the money for reasons other than doing business in her best interest and she's been unaware, that could be a problem and should be looked into.