I am having trouble getting hold of my brother who is now the POA. What can I do?

I have always been in the picture with my mom. Everyday mom asks me why I am not making making decisions for her. Last night she asked me if I could get her into a home. I had to tell her that I am so sorry but it is brother's responsibly. Meanwhile I am getting info on the home. I will update as things move forward.

Butterfly,

I am in BC and the following situation occurred in BC, quite a few years ago.

Mum was POA for a dear family friend. The friend set it up as she was bullied by one of her sons into handing over large sums of money. When Mum in charge of the purse strings the son was SOL. The arrangement had been in place for a few years.

Mum went on a 3 week holiday, when she got home she went to the bank to pay her friend's bills, only to discover she was not longer POA. While she was away the son convinved his Mum to remove Mum as POA and he tool about $20,000 from his Mum.

Mum and other friends were vary concerned. They brought their concerns to the attention of the Public Trustee. Shortly there after the Public Trustee took over the friend's finances.

When the friend died a last year, Mum discovered that she was the Executrix of the Will. The friend had never changed that.

Right now with Covid upsetting so much of our lives, it may take longer to get action, but ask the hospital SW how to go about getting in touch with the Public Trustee in Mum's province, or how to get emergency guardianship over Mum.

Good luck.

Put this in the hands of the social workers. They will handle it noting inability to contact the supposed POA. Apparently you do not even KNOW if he is that, so I would really not have said he is, and I would make it clear to social workers that you do not know. The social worker should be informed also that this may be a case for adult protective services, which should be called in at once. This is what Social workers DO. So put it in their hands. When they say they cannot contact and need YOUR permission as the one they can contact, be certain that is charted as record, and make the decision. Do notify all that you have no access to bank records or your brother, and DO CONTACT ADULT protective as soon as you can. Social workers can also have access when needed, and much more power than one thinks they may have to explore what is happening. You may need to consult an elder law attorney now, as well; I would certainly think buying an hour of that time a good investment.

I’d also want your mom’s lawyer involved if you know who represents her.

Butterfly, not sure how it all works in Canada, but have a neutral authority (like the province or govt) have guardianship over her. Then she will be cared for and protected from Brother Dipstick. If she's out of money he'll disappear anyway. Then you are relieved of the responsibility that she apparently didn't want you to have, and you get the peace of mind that she's in decent care. It's a win-win.

The OP and her mother are in Canada....just FYI.....

POA does not give him the right to "steal" from Mom. Is Mom competent? If so she can revolk his POA and assign you. Yes, call APS and ask them what you can do. How can you bring brother up on criminal charges?

Short answer:
CM is right. Let the hospital apply for emergency guardianship.

Proceed "as if" you are POA for medical decisions now, and verbally go along with the hospital's suggestions for a LTC facility just to get them started in the right direction. Do not sign anything for your Mom.

By saying YES, on the phone to LTC. Let them work out your mother's finances and place her in the facility.

Your brother is a criminal and has defaulted on his financial POA.
Stop expecting things to be normal or that you need to report to him, and proceed as "if you" are next of kin, because you are. imo.

You can report to APS his neglect and default. At this time of emergency, there may not be much help available.

So sorry for the estrangement, you do not deserve this.

In the absence of the supposed POA, and in the light of your lack of authority and long-established estrangement from your mother, the hospital will apply for emergency guardianship and the state will take over.