My brother lived with Mom and cared for her until we placed her in a facility 8 months ago. He is more able to deal with her, and I don't want the full responsibility as POA. I would like him to be equal POA? How can this be accomplished?
Before I answered, TNtechie stated in her last paragraph what I would have said.
I haven't used my authority for some time, but I do remember that I had options to hire people to assist me, which I did. It could be construed that your brother is assisting you, just as I hired contractors to help both of us when my father was alive.
Why are you having anxiety problems when Mom is in MC? Placing my father in MC was a great reduction is my daily stress and anxiety. Is Mom or the MC staff calling you daily?
Short answer is unless your current POA document names a successor POA (hopefully your brother) or allows you to name a successor POA if you are unable or unwilling to serve as POA, then you are probably stuck since I'm assuming Mom is in MC because of mental incapacity, so she can no longer name a new POA. My mother's DPOA allows either my brother or myself to act in her stead with the "primary" clause coming into play only if we disagree. Read your POA document.
POAs are allowed to delegate certain duties to others. You can hire a case manager or a CPA. You may be able to delegate some duties to your brother. Consult an elder law attorney, maybe the one who drew up the POA, what the possibilities are in your mother's state of residence.
I haven't used my authority for some time, but I do remember that I had options to hire people to assist me, which I did. It could be construed that your brother is assisting you, just as I hired contractors to help both of us when my father was alive.
Short answer is unless your current POA document names a successor POA (hopefully your brother) or allows you to name a successor POA if you are unable or unwilling to serve as POA, then you are probably stuck since I'm assuming Mom is in MC because of mental incapacity, so she can no longer name a new POA. My mother's DPOA allows either my brother or myself to act in her stead with the "primary" clause coming into play only if we disagree. Read your POA document.
POAs are allowed to delegate certain duties to others. You can hire a case manager or a CPA. You may be able to delegate some duties to your brother. Consult an elder law attorney, maybe the one who drew up the POA, what the possibilities are in your mother's state of residence.