Mom with dementia made the mistake of naming my devious brother POA AND executor! She wants it changed now, is that possible?

Yes, the POA can be revoked from your brother with an authorized signature from your Mom. Take your Mom to the original attorney who did the POA paperwork and request a change. You will have to notify all parties of the change, including your brother, banks, etc...).

Payback time it is.

Tell us what happens.

Strictly speaking POA may not even be in effect if the person can direct their own affairs - can Mom take control over her own accounts and fill out change of address forms, get her SSI check sent elsewhere?

Here's Ohio Code on Revocation
1337.14 Revocation.

(A) A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it.

The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by the principal , a witness to the revocation, or other health care personnel to whom the revocation is communicated by such a witness. Absent actual knowledge to the contrary, the attending physician of the principal and other health care personnel who are informed of the revocation of a durable power of attorney for health care by an alleged witness may rely on the information and act in accordance with the revocation.

(B) Upon the communication as described in division (A) of this section to the attending physician of a principal of the fact that the principal's durable power of attorney for health care has been revoked, the attending physician or other health care personnel acting under the direction of the attending physician shall make the fact a part of the principal's medical record.

(C) Unless the instrument provides otherwise, a valid durable power of attorney for health care revokes a prior, valid durable power of attorney for health care.

(D) Regardless of when the declaration is drafted, the execution of a declaration for mental health treatment does not revoke a valid durable power of attorney for health care. A declaration for mental health treatment executed in accordance with Chapter 2135. of the Revised Code supersedes a valid durable power of attorney for health care with regard to mental health treatment and the designation of a proxy to make decisions regarding mental health treatment.

Effective Date: 10-29-2003

POAs can be removed for failing to live up to their responsibility, or the person naming the POA can change it with a new document if they are still judged to be competent, or at least obviously not incompentent to do so. You should involve an eldercare attorney who can review the actual documents and familiarize with the law in both states.

Get an elder care attorney ASAP, don't waste any time, the tricky thing is even if your mom has some dementia, is she still able to conduct your own affairs, understand financial problems and make reasonable decisions about her finances and her health care. If the answer is No, you will probably have to go to court for a conservatorship because no attorney should let her sign papers in that condition and even if they were signed your brother could contest it. If your mother is competent enough to sign, she may be NOW, but not be in 2 months. This is why you must hurry. You maybe put in a position where you may have to contest your brothers POA. Document everything threatening, devious, or vindictive that your brother has said to you, with approximate date if you can remember. You might need those in court to make your complaint that your brother is not acting in your mother's best interest and rather is acting out of some misplaced animosity toward you. You should at least call the attorney you contacted and ask if there's a reason for the delay. If he hedges, find someone else right away.

I went thru a Facebook page "Find Help For Consumers" to get a list of lawyers I could contact in the home state. You may want to try the same thing. Let them know the situation, and they will send you a list, via Facebook, for the state you need the lawyer in, Ohio in your case. Your NC lawyer can't help since he is not licensed in OH. I DID find me an HONEST, lawyer in the state I needed who promised not to nickel-and-dime me to death. I had to go thru several on the list before I found one to help. I wish you luck as my Dad's POA is also devious and that's why she dumped my Dad's original lawyer who knows the POA is up to something too, especially since asking for all of the fiduciary records for every penny she spent of my Dad's money. All legatees have the right to those records and the POA MUST PRODUCE THEM!

Take your mom to a neurologist for an evaluation. Tell the neurologist what is going on and request that he/she evaluate your moms competency to turn over POA to you or whomever she wants. That way, assuming the answer is 'yes', you have a medical practitioner on your side.
Good luck to you. Been through the greedy relative thing... it ain't pretty.

It must not appear as coercion by you, that could lead to all sorts of other legal issues for you. This must be done of her own accord. If you even in the slightest was anticipate a court battle over this make sure you retain an attorney that will also litigate. So many attorneys practice preparation of documents but if a family battle ensues they will send you to another that will provide litigation services. Then you will face the expense of educating the litigator on all aspects of the case.

I don't believe that the original lawyer needs to be involved at all in the revocation of a POA. I would take my parent immediately to a new lawyer to draft a new POA. POAs generally contain language that specifies they can be revoked "in writing" at any time by the original executor. If you have a copy of the original POA, you can see specifically what language it uses to this effect.

I assume the new POA would contain language revoking all previous POAs (and specifically referring to the one dated x/x/xx and naming So-and-So as the acting agent). I would send a copy of the new POA via registered, certified mail to your brother and to the lawyer who created/notarized the original POA. It is important also to update any banks or other institutions that have the old POA on file.

Yes, if you've contacted an attorney who has done nothing, I would find a different attorney. Time if of the essence here, not just because of what your brother is doing "with authority" but because of your mother's shrinking window of competency.

If your mother is capable of doing so, I would suggest asking her to write a statement explaining why she wants to revoke the existing POA, and I would get that statement notarized along with the new POA. She may be able to do this now but not later, is the thing, and if legal action comes up down the road, it might help to show that she was "of sound mind" and had good reasons for revoking the POA when she did it.

It is absolutely astonishing how often this is happening and all due to greed.