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You would likely have to engage an elder law attorney, if the person who assigned the POA cannot, or will not, make the change. You'd have to have something to go on - some kind of history that the person with the POA can't be trusted, I would think, but I'm not an attorney. I'd urge you to contact one.
Good luck,
Carol
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You cannot challenge a POA without filing for guardianship. Only the person granting POA can revoke it.
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If he isnt honest or sincere, is he taking good care of your Mom? Does he live with her? What about her health care proxy, is he in charge of that also, maybe that can be for you to get. Good luck, I am a POA but my siblings only visit a few hours a handful of times a year, therefore no right to question me. Its all usually about money , people worry about their share, sickening. Our parents dont owe an inheritence, its for their care # 1 .
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If there is anything that is telling your gut that your bother does not have your moms best interest at heart,(only her interest on her money) like my brother and sister did with my mom, go get a conserviturship, it over rides poa,period. Dont tell him. Get yourmom to her dr and tell her dr what is going on.Have her dr run tests on her to see if she is having a hard time in remembering things, check to see if there is food for her,when did she last have her eyes checked,teeth check,been to the dr for a check up. Look at her clothes,does she have what she needs? Is her bed right for her? Check things out in the house to see if your brother is doing anything that would make you think he is up to no good. Keep tract of everything and take pictures of the condition of the house and her room,clothes,food supplies. I went through this and I have to find the attorney now to help me file charges,I wouldn't want want anyone to go through what I have nor your mom.Hope you can get things taken care of for your moms sake and yours
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Conservatorship -- or guardianship; the legal terms can mean diffrentr things in different places. Often a "conservatorship" gives control over a person's estate, while a "guardianship" gives legal control over a person's body. A competent attorney will help to sort it all out if you go that route, as well as give direction on how eggregious a relative's negligence must be for a POA to be over-ruled.
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As the experts have said you should have an attorney to aid in your effort to challenge the POA. Unfortunately, there will be expense especially if you are able to find a competent attorney. If you can afford the best around, go with the best. You will have a nasty fight and be prepared to have your competency to be your mother's guardian. Advise you step back first and ask yourself is my brother really dishonest and insincere? Be as objective as you can be. Insincere is not all that bad. You need more than that. As far as dishonesty is concerned, you will have to have proof with documentation and witnesses with personal knowledge. Does your brother have past practices that you can use as illustrating dishonesty. If your mother gets on the witness stand, what will she say? Have you tried to resolve your concerns with your brother? That might be a long shot but what the heck and I would assume that at this point that approach has been tried and you were not met with success. Proof, proof and more proof will be your path to success. Don't say anything bad about your brother beyond: with him, your attorney, the Court, it could result in a civil case of defamation. I might venture a guess that your brother may have attempted to trash you in the eyes of your mother. One should not do that with a vulnerable adult. You can make someone with dementia say and believe just about anything through the power and ease of suggestion. You are going to get dirty, so, stock up on soap.
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We had the same problem with my brother. We got a lawyer to send him a letter saying we were going to sue him if he did not give up POA and he did. Good luck. There were other issues to with him Hopefully you will get things taking care of.
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I am going through the same thing. If your mom is coherent you can have her revoke any existing POA through an attorney. That is what we are doing. We are making my mom's brother her POA so it keeps it away from my sister and I and it will be in the best interest of my mom. If you have someone in the family other than your brother who is trustworthy to look out for your mom you might want to consider doing that. If she is incoherent or incapacitated in any way, you can get guardianship over her or also contact an elder care abuse facility in your state to ask what your options might be. If you know the date your brother took over POA you can make your own POA form and revoke him online through Legal Zoom as well and just get it notarized and it will be valid.
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Rants are good. Let it out. My brother lost almost all mom's money so she is living on her ss only now. He has not came to see her in 10 yrs. And when we were trying to get her money back from him he said " You know I will always take care of her". Well after 10 yrs I think he is not going to take care of her. But at least we have POA now . Good luck and I hope things work out.
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i have had the same thoughts- im not sure if i am ready for another
battle-i am still emotionally and physically drained
and he has the chk book-im so tired of fighting for what i know
is right, the agency i have hated-and my brother kept defending,
well he now is saying how incompetent they were- of course not ever acknowledging the fact that I was saying this for month- he just treated
it as though i was the problem, and not the agency and their employees. so, as much as i want to do something about this, im not sure if i have the strenght emotional or physical to take on another battle.
i still dont trust him or anything he says- but i am powerless to do anything right now-
karma is good- whatever happens will be on him, at least mom and i settled many issues- and had some very close and almost spiritual moments- something he cannot understand- he tells me i am in denial-
i think i have to suck it up- and i say let karma take its course- and visit her often-sorry for the rant-thanks for the post-karen
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