- whether she wishes to give POA to anyone, - who that person or those people should be, and - whether or not other family members are to be informed should the POA become operational.
Your mother doesn't need anyone's permission; but if she is not able to decide these things for herself and to understand all of the implications she cannot create a valid Power of Attorney and your sister most certainly can't do it for her.
If your mother is mentally competent, then it is her choice who she assigns to be her durable and medical POA. Someone needs to be. Have you talked with your mother about this?
How is your mother's cognitive status? If she can't grant this to the sister,then the sister would have to petition the court for guardianship. In this case, you and your brothers could fight this in court.
August 23, 2016, deafdude, I don't know your family dynamics, but somebody needs to be POA for your mother. It rarely works for two people or more to share the obligation (too many cooks in the kitchen so to speak), so it's best to have one primary and then at least one alternate. Also, sis may not have asked your permission, but somehow you know about this, so I think that would count. This isn't your decision to make, or even your sister's. It's a decision for your mother to make IF she is mentally capable to make that choice. There will be forms to fill out and signatures to witness, and notaries will usually not allow anyone who is not aware of what they are doing to make this decision. You say she is disabled, so I assume a physical disability, rather than mental.
Ask yourself why you are against this. Another thought is that since there are basically two POA functions, financial and medical, perhaps your mother could designate two of her children to be primary, one for each function, and two to be alternate.
- whether she wishes to give POA to anyone,
- who that person or those people should be, and
- whether or not other family members are to be informed should the POA become operational.
Your mother doesn't need anyone's permission; but if she is not able to decide these things for herself and to understand all of the implications she cannot create a valid Power of Attorney and your sister most certainly can't do it for her.
Ask yourself why you are against this. Another thought is that since there are basically two POA functions, financial and medical, perhaps your mother could designate two of her children to be primary, one for each function, and two to be alternate.