Caught brother in the act.

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When visiting my Mom at the hospital after heart surgery , I walked in to witness my brother asking her to sign Health Proxy documents. The day before she had been deemed " not of capacity". I asked him what he was doing and he ran out of the hospital before security could stop him. My dear mom had no idea what he had asked her to sign. The incident was reported immediately to nursing staff. Is what he attempted to do illegal or just unethical ?
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Anything she signed while disoriented in the hospital is null and void. Real legal instruments are signed in front of a Notary and two witnesses.

The quitclaim deed is likely unenforceable because it likely was not executed in front of a Notary. If your brother got a Notary to do some funny business after the fact, every Notary has an identification number and you can sue him/her for negligence or misconduct.

Depending on how much money your brother stole, I would consider talking to an attorney about filing a legal action against the bank where the accounts he cleaned out were. How he managed to get that money without being POA is a mystery. If he forged the paperwork, he and anyone who helped him belong in prison.

It's time to play hardball.
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all POA papers need to have the signature of the patient witnesses by a Notary who is confirming that they are who they say they are and ALSO that they are capable of making an "informed decision" to sign. So if your mom was declared by her doctor to be not competent, he could have her sign anything and it wouldn't be valid. But hopefully, there is not a Notary handy to witness her signature. He probably didn't even realize he needed one. I agree with getting an order to keep him away from her. If he has a Notary friend who is willing to commit fraud, he could clean out her bank account before anyone was the wiser.
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"I walked in to witness my brother asking her to sign Health Proxy documents. The day before she had been deemed 'not of capacity.' I asked him what he was doing and he ran out of the hospital before security could stop him."

"... about 1 1/2 years ago when my Mom was in rehab for a another health issue he approach her while disoriented has her sign a POA and a Quit Claim Deed . So he has essentially taken everything!"

What a SKUNK!!! Looks like he wants to be in charge of her healthcare decisions so that he can "pull the plug."

How is it going with contesting the QCD (from 1.5 years ago)? I hope you have hired an attorney?
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It's revolting, not sure about the illegal/unethical dividing line. And, given that your mother had been officially declared lacking capacity the day before (presumably that's in writing somewhere), you'd have thought that any document she signed thereafter would have no validity. Was anyone with your brother apparently there to witness the signature?
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Personally, I would immediately pursue and Order of Protection to keep him away from her. You also contact hospital security, show them the order and have him banned from the premises.
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08/29/16.... oops, I just noticed a typo "Usually someone needs to be a witness for the Health Proxy document, unless your brother was going to have a Notary sign after the fact, which would be ethical."

It should read "unethical".
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I was health proxy for my Mom and as I recall there was a witness involved. Same with P O A. I went through a lawyer for that and my Mom had to sign a document in front of the lawyer. This is Canada but I would assume it is the same everywhere. If it's not, then it should be.
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You say ATTEMPTED, does that mean he didnt get the signature? I would like to believe the paperwork is Null and Void, without being Notorized and there being winesses, but I'd make sure that you get a hold of the hospital chart notes stating that she DOES NOT HAVE CAPASITY, so you can effectively fight him if a problem arises. How do you know if she signed it or not? Does the hospital have a legal department to whom you could ask? People should never be asked to sign anything when the've been under the influence of anesthetics. I'd say illegal, and unethical, and downright disgusting!.
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I gotta believe there's a special hell for people like this.
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I have a financial POA and about 1 1/2 years ago when my Mom was in rehab for a another health issue he approach her while disoriented has her sign a POA and a Quit Claim Deed . So he has essentially taken everything! I am now seeking the best way to contest the QCD, he's already emptied her bank accounts. It's really quite sad. Thank you
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