Husband was POA for his mom but passed away Sept. 11th what is time frame to hand over all information?


Mother is in a home care and as of last week became paliative. Brother has still not contacted home to give his info nor gone to see her. When I asked him about handing things over to him a week after my husband died, he said would deal with it later. Now I am fearful that should his mom pass away details need to be looked into and paid for. I should mention that the brother (John) is living in the moms residence on welfare and has been for many years, he unfortunately has a drinking and gambling problem and has no drivers licence which was taken for life as he has been charged many times. My husbands mom years ago set up Dave as POA which stated that should something happen to Dave his brother was to take over the POA. Dave before passing away went to lawyer and had the documents done for John to take over. Unfortunately his mom has had a bad turn and also suffers from demensia. The home has only been in contact with my daughters and we have been dealing with the doctor and nurses at the home. When told of John being POA they stated that he has at no time contacted them to give his information.

This question has been closed for answers. Ask a New Question.


I would not turn over the POA materials to the brother, but instead I would gently suggest to the daughters that they petition the courts for guardianship. The courts would be a safer route for your mother. Since your BIL has not seemed interested and is untrustworthy, I would want your Sister in Laws in charge, woudn't you? I'd light a fire under them if they seemed reluctant by explaining that brother has a legal ability to take over care. A court-ordered guardian trumps a POA.
Helpful Answer (3)

I'm so sorry that you lost your husband. It sounds like John is not a suitable POA or guardian and is happy having you handle everything for his mother. If you are OK with this, you can continue along this path until someone has a problem with it. Not the best solution, but it happens. Otherwise, contact your local Area Agency on Aging to find out how to have a guardian appointed by the State for MIL.
Helpful Answer (2)

This question has been closed for answers. Ask a New Question.