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She had a stroke in Aug of 2023 and went into assisted living. She asked for a year to come home. I moved her home in April and she is doing well. She is of sound mind. My brother is POA and an alcoholic. He has managed her rental properties since her stroke. He is refusing to give her a ledger or the deposit books which date back to Aug of 23. She has told him that she is going to begin managing her rental property. She has asked multiple times for this information . Any advice? I don’t know how hard to push her.

Revoke the POA.

Mom can hire a property manager group to manage the properties. It generally costs 10%. They will give her monthly financial reports.
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Reply to brandee
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If she's of sound mind, revoking POA is relatively easy and fast. An eldercare lawyer could accomplish it during one visit. Even a paralegal could do this for her.

I've revoked a POA myself; found forms that applied to my state on the internet, filled them out, had them notarized at my bank for free, and per state law, sent notice to the person I'd revoked as POA. However, most people should see a lawyer to have it done. It's not something you'd want to mess up by making a mistake!

Getting the ledgers and deposit books is another matter. If mom is successful in revoking POA and starts managing her properties again, I suggest that all records be kept on a computer and banking done online. Modern day business practices do not need ledgers, with which many things can go wrong. Fire, for instance. Flood. Or as has happened, a family member removing them and not giving back.

Is mom capable to do that? Are you? If not, you'll need to hire someone to bring her business practices into the modern age.
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Reply to Fawnby
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Call an Elder Law Attorney. You have a fight on your hands but if can prove your brother is an alcoholic you may have some legal teeth.
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Reply to Greeneyes60
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Your mother should contact an attorney. Elder Law would be the specialty. She can, if she is competent, remove brother's POA. If she is NOT legally competent, I am afraid she cannot.
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Reply to AlvaDeer
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Lawyer up, bro is abusing his authority.
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Reply to GSDlover
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A report to APS or a visit to Mom by an Elder Law Attorney who will make in-facility visits should be easy to do. If your mother is competent she has a right to this information and the POA is beholden under the law to provide it.
Contact an attorney.
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Reply to AlvaDeer
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If she is of sound mind then take her to an elder law attorney so she can be assessed as to whether she has legal capacity to revoke her current PoA and assign a new one. This is assuming his PoA is even active based upon the criteria that she would have written in to the PoA doc. Then that brother will lose his authority. Other than that, you can hire an attorney to see if there is financial abuse going on, or you fight for guardianship and then take over the management.

But, be sure what she is telling you is correct before you embark on this effort.
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Reply to Geaton777
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