I am #2 on a POA for Health for my mother. The POA has been enacted. My brother is #1, and must be consulted first. How do I change the POA?

Talk to bro - maybe he could write a letter saying you have his authority to act when he is unreachable - try it out as that could be the simplest way

When I went away, I informed the NH that my sister, who was back-up POA, could be called if I couldn't be reached & never had any problem

If your mother is able she can file a new POA and then you file it with the court.

It would be handy to know what state you live in when asking a legal question.
Want to save yourself all this worry and wondering: Contact:

HIRE AN ATTORNEY. I recommend contacting:

National Academy of Elder Law Attorneys
https://www.naela.org/findlawyer
naela@naela.org
NAELA Council of Advanced Practitioners
1577 Spring Hill Rd., Suite 310
Vienna, VA 22182 
703-942-5711
naela@naela.org

Personal recommendation:

M. Carl Glatstein
Glatstein & O'Brien LLP

Little late getting to the game here - I see that Lizzie3830 posted: "...consulted legal and all that is needed is a notarized statement by my brother, stating he is willing to resign as primary." and in another post said: "In WI primary can resign as primary in a statement, notarized and included with currently enacted POA (Health)." Sounds like it is a done deal, but it isn't clear if this means he has resigned his medical completely, or somehow just resigns as primary, but still retains POA in the event sister can't do it.

This is how resigning POA is commonly done (notarized letter to various parties), however the only issue that isn't discussed (others did point it out) is that if one has resigned the medical POA, what will happen if the alternate can't or won't perform the POA duties, for whatever reason (incapacitated, develops dementia herself, death) and principal can no longer appoint anyone? The only solution is going for guardianship, which isn't easy, isn't cheap and takes time.

I like the suggestions some people made, where the notification specifies one would be unable to be POA during a certain time frame, but have no idea if this is even legally possible. It would be nice if someone knows whether one can "temporarily" give up their POA duties. The only other question this begs is why would they not defer to #2 if they could not get an answer from #1? He could be on travel out of the country, incapacitated himself, meanwhile mom gets zero care because they can't contact #1??? One would think sure, make concerted effort to make contact, but the patient is the important one here and they should only give it some much time before deferring to #2.

In our case, two of us are named as POA (medical and financial), but there is no specification about who is #1 or 2. Even though one brother isn't listed, we consulted on various issues before proceeding. For the most part, all non-care duties fall on my plate (financials, medical, calls from facility, payments, procuring meds and incidentals, etc.)

If two people need to be named (there should be a second, just in case), it might be best to be listed as either/or rather than #1 or 2 (and certainly NOT one AND two), especially for those who get along and would work together rather than bicker, blame, and lambaste each other!) We have no idea where the future might find us (as in this case, #2 was further away when documented, but now is the "go-to".)