My mother was living at home and slowly declining (97 yrs old and has mild to moderate dementia). I called her (I live in Az and she lives in Tx) and could hear that she could not breath. I spoke with her home assistant and my mother was taking to a hospital and admitted with septic pneumonia. She nearly died and she had a major setback, mentally & physically, but has recovered and is at her normal short term memory forgetful self. Anyway, my brother who moved in with her to help her, and refused any help from me, took this opportunity to put my mom in an Alzheimer's facility in San Antonio (Colonial Gardens). Now she can't get out and my brother will not take her out. I call her each day and each day she wants out more. I would like to just go get her and bring her to my very nice home in San Tan Valley, Az. I want to do this because I do not want, and am afraid of fights with my brother who has totally moved into my mother's home, taken over and causing her assets to deplete. My question is, since my brother has POA and lives near San Antonio (in my father's old house), and my mother is in a "lock down" facility (according to a lawyer), and my mother is in the mild to moderate state of dementia, can I:
1. have her sign a revocation of POA (difficult because I do not have copies) and 2. can I take her out of the facility and fly her to Phoenix (2 hour non-stop flight). without getting in any legal issues. (my brother is vicious and wants everything---did this with my father and let him die.) My mother's health is incredibly good for a 97 year old. Her biggest issue is her short term memory. Also, my brother has refused to let me in my mother's home so it is almost impossible for me to see all the legal documents. So, again what is the simplest, legal way to get my mother out of Colonial Gardens Alzheimer Facility and into my home. Thank you.