My brother is a proxy, and the other siblings are doing it to get my father's money.

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What are they doing to interfere, specifically?

Have they filed for guardianship? Are they trying to get their own POA executed?

More information would be helpful. As a legal professional working in the financial services industry, I've seen a fair amount of shennanigans and the like, and might have some better information to pass along. Others may have similar situations and will chime in.

Hope to hear from you!
Helpful Answer (2)

Jouki, more information would be helpful. What's your father's status? Is he in a hospital, what's the condition and what are the doctors recommending? What situation brought on the conflict between the siblings and your brother's invocation of his authority?

Whether or not your father is at a terminal point, and if your brother the proxy is acting in accordance with your father's wishes, the other siblings have no standing to interfere. But of course, that doesn't mean they won't try.

You could first try to have a heart-to-heart talk with them, with physician(s) present to explain the situation, and why they're bound to follow your father's wishes as documented in the DNR or Living Will. Legally, they can't do anything except abide by your brother's decision, and disgruntled siblings won't change that.

If that doesn't work, you might tell them they have no legal grounds for challenge or interference, and if they attempt any legal action such as applying for guardianship or attempting to revoke your brother's authority, that the costs would be borne by them and not your father or his eventual estate.

You might also add that taking this kind of challenging action will also hamper administration of your father's estate and slow down distribution of any assets. So if they fight, they wait.

Is there by change an in terrorem clause in your father's Will?

Another thing your brother could mention is that he also rights and can ask for injunctive relief against the meddling siblings. I honestly don't think it would be easy to get that of relief but the threat alone might make them consider.

Unfortunately, you can probably anticipate more of this if your father does pass. Is this same brother executor/personal representative under your father's Will?

It's so sad that so sad that families don't come together in times of crisis, but you're certainly not the only family in this situation.
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