Follow
Share

He smokes pot on a regular basis- at least once per day. Would that be a legal reason to revoke POA?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
You might want to actually research pot use and it’s affect on the brain because it’s pretty harmless & likely not the reason he’s making bad decisions. Now if he was doing meth or cocaine, that would be another story.
Helpful Answer (2)
Report
Carolsm Mar 2020
Thank you for taking the time to reply. I will definitely take your advice.
(0)
Report
I understand your concern about poor decision-making, but I doubt the pot is the cause. (In fact, it's even possible your brother is using pot to self-medicate for a mental or physical health disorder.) I suggest focusing on the bad decisions, your brother's frequent absences, and your permanent presence as reasons for your mom to change the POA.
Helpful Answer (2)
Report
Carolsm Mar 2020
Thank you for the advice. You’re right! I should focus on those issues. As you know, this is a stressful situation without family discord, so the added bonus of my brother’s unreasonable position, everything is magnified. I’ll take a deep breath and some time to think this over.
(1)
Report
No. Your mother appointed him.
If smoking weed is illegal where he lives, it is no longer a felony unless he is selling it and has a large supply. If he is caught smoking it, it is a misdemeanor. I can see why you are nervous about his having POA over your mother, though.
Do you have any siblings? Have you spoken with a lawyer about this?
Helpful Answer (0)
Report
Carolsm Mar 2020
If I have to get a lawyer I will. My sister is trying to mediate but he is still being a jerk. I’m going to take some time to see what develops. Thanks for your reply, I know we all have limited time to ourselves.
(0)
Report
Carol.

It isn't your fault that your mother gave power of attorney to your brother. You say brother convinced your dad. But only your mother could make the decision.

You have already once had to step away from caregiving on the advice of your physician. Raised eyebrows over some of your brother's decisions are a reason to discuss the decisions. They're not a reason to get sucked in again.

So if you don't mind my asking, have you really thought this through?
Helpful Answer (0)
Report
Carolsm Mar 2020
You’re right, I need to focus on the time I have with mom and not get sucked into the BS. Thanks for your reply. Your advice is spot on!
(0)
Report
Nope. If your mother appointed him, she can un-appoint him.

He may be breaking the law, but in my whole life I have never seen ANYONE arrested for smoking pot, whether it was legal or not.

You should talk to mom. It's her call.
Helpful Answer (3)
Report
Carolsm Mar 2020
Thank you!
(0)
Report
See 1 more reply
You can't remove your brother's POA anyway.

Your mother can, if she's still competent and it's the right sort of POA. Or, if your brother is convicted of an offence which disqualifies him from holding POA for someone, the state can. Haven't a clue whether what he's smoking would count. It may be illegal in that state, but are prosecutions common there?

I assume this isn't actually the reason you don't think your mother's POA is safe in his hands. What are the more pertinent reasons? Wouldn't it be better to pursue those?
Helpful Answer (2)
Report
Carolsm Mar 2020
Sorry, the POA is for my mom. Pot is illegal in this state. I’m concerned that he is high when making decisions because some of them just don’t make sense. They aren’t always in line with what medical professionals are advising.
There are plenty of other reasons including the fact that he only lives here 6 months out of the year and has never been here for any medical emergencies. He also doesn’t return from the other state when there is an emergency. I live here full time and am with her every step of the way. I think it would make sense for me to have POA. He convinced my dad that they should change when I had to step away from their care on advice of my physician after many years of being the sole caregiver.
(0)
Report
Is this your POA or that of someone else?  If yours, you can change a POA for any reason as long as you haven't been deemed incapable mentally of doing so.  If it's someone else's, you have no authority to make any changes at all.
Helpful Answer (0)
Report
Quite right! - I don't know why I jumped to the conclusion that brother held POA for mother! Sorry, head not on straight today.
(1)
Report
See 1 more reply
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter