I live with my mother and take care of her. She has dementia and has been hallucinating and thinks I am bringing in a boyfriend at night which I'm not. I found some notes that make me think she is going to have a lawyer draw up a POA and she will give that to my brother who has very little to do with her. Can I be kicked out of her house by my brother if she gets a POA and names him? I have done nothing wrong and do everything for her but her hallucinations and the sundowning have gotten bad.

Unfortunately, your mom may still be considered legally competent even though you have seen these changes in her behavior. If she can still understand what she is signing and she can explain what it means, she's probably still legally competent. If she has a physician she has known for a long time, he or she might be able to examine her and give you an opinion as to her competency. If they do not find her competent, then a statement to that effect might be very useful for you to have.

Even if your mother does give POA to your brother, it might not take effect right away. It will depend on how it is written. Whether or not your living arrangements will be affected also depends on what powers the document gives him. For example, he might be able to sell the house. That would impact you.

Would your mom agree to let one or both of you accompany her to an attorney to discuss these issues? You could ask how her decisions might impact you going forward and plan your life accordingly. Good luck!
Helpful Answer (1)
Reply to Marcia7321

I don't think your mother has capacity to draw up any legal documents.

Has she been diagnosed with dementia? If she has, anything she does going forward can be legally challenged. The attorney could get into trouble for letting an incompetent person sign a legal agreement.

In the short term, you need to speak with your brother and make sure he understands that your mother cannot create new legal agreements, that she is paranoid and non-decisional. Put this in writing and make sure he responds to it.

If your mother gets worse, you will have to go for emergency guardianship if she does not have a living trust that specifies PoA
Helpful Answer (1)
Reply to Silas1066

First, has her dementia been formally diagnosed?  If so, then she may not be capable of legally signing POA documents.  A family law attorney should determine her ability to sign the documents.
Do your brother and you have a good relationship?  I ask because I don't see why he would "kick" you out of the house and I would think that he would actually want you to stay to take care of her.
Do you pay rent? Are you "renting" from your mom by taking care of her?  If so, you're a tenant and therefore would be subject to a formal eviction process which believe me, takes a lot of time.
Helpful Answer (1)
Reply to Baldguy95762

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