Can I gain guardianship over my Mother if I am named only as successor on her POA?

My brother is currently her POA?

Answers 1 to 6 of 6
Expert Answer
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In order to be appointed guardian, there will have to be a court hearing. You will need an attorney to present your case, that you--and not your brother--should be named as your mother's guardian. If he opposed your appointment, he will need an attorney also, to plead his case why. Ultimately, it will be up to the judge to decide who should be appointed as your mother's guardian. (The fact that your mother named your brother as primary and you as secondary agents in her POA is some evidence, but not the final word. You will have to give good reasons to the court why you should be appointed and not him.)
You can try, but you will be spending money, your wheels and time/energy since your mother has appointed your brother primary POA. Try helping your brother with your mother instead of trying to control her. Perhaps this says more about you having an issue with your brother and not respecting your mother's wishes. In the end, you will only destroy yourself...
It seems as if your core concern is that your brother is putting some of her money in an account in his name only. He is obligated, as POA, to use her money for her care. Unless you can show that he is doing otherwise, I don't think you'd have a case.
Why is there a need to do this?
Why are you considering guardianship?
I doubt it, unless your take your brother to the Courts and allow the courts to determine what is good. I was my mother's POA. But suddenly one day, I was removed and my brother put in place. I am sure that my mother was concerned about her care. I had just gotten married and she was on Hospice. We wanted to cancel the wedding plans, and my mom did not want us to. But, I found that I was very pleased with my brother and his care of our Mother. It was my sister who threw a wrench in everything my whole life. It is a sickness with my sister. She is so jealous of me. I have wondered why for so many years. She did interfere with my brother's care, but I am sure my brother set her straight.

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