Can a POA be taken away after the giver is deceased?

Wait, did the mother give the brother PoA, or the father? PoA automatically ceases when the grantor dies. PoAs are required by law to act in the best interests of the grantor, not themselves. I don't understand why the family did not act sooner but you MUST get a lawyer involved immediately. This sounds like a very serious case.

Yes, the POA terminates immediately upon the death of the "principal" (i.e., the person who gave the power to someone else, called the "agent"). You'll need a lawyer to straighten this out, for sure, and possibly bring charges against the rogue agent.

If this information is all correct, the mother can not give POA for the father to the son. The father has to do that. I would be two separate documents. The POA for the mother, ends upon her death. Get a lawyer ASAP, call in Elder Abuse, and good luck. A notary came right to my Dad's home and signed a new document, signature was clearly not his, but the notary abused her authority and granted a new POA and my brother had his way the rest of my Dad's life. Now he is wearing a Rolex watch that he admits our Dad paid for. Go figure the likes of people in all families - there is abuse going on everywhere and the elderly are the victims. Please take care of your Dad. I wish I had done more for mine. Know you are not alone and this site is wonderful for hearing/sharing what other elderly are going through. xxoo

correction: "I" should be "It" would be two separate documents.

Bite the bullet and get a lawyer. You can't do this yourself, it's too complicated. Protect your dad and yourself.

Very true, but "get a lawyer," and pay for their services, how? That's what always gets me about this advised solution to try and protect your rights and/or those of a loved one -- especially when the elder is (or is nearly) impoverished and their caretakers are struggling to make ends meet in their -own- household. :(

That's the situation we're in, only in our case it seems that the person(s) with the power is/are just biding their time, secretly keeping tabs on things while waiting in the background to try and take over after there's no chance of them having to get their hands dirty with any actual caregiving responsibilities.

Perhaps there is an elder care attorney who will take the case "pro bono" (for free, or at a reduced cost). I would call an elder care attorney and ask. If he can't do it, he may be able to refer you to another resource.

harried, I understand what you're saying. The laws are such that in order to deal with some situations, you have no recourse but to hire a lawyer. I'm retired, living on social security and have been in a legal mess thanks to my late mother and the way my sister has handled the will. I'm not rolling in dough and believe me it's a hardship to pay the lawyer but I'm facing two lawsuits, I have absolutely no other choice. It can't be ignored. My lawyer is working with me on the payments. I pray it's over soon. I don't begrudge my lawyer because without him, I'd be in an even bigger mess.
In my situation, my sister thinks she's getting back at me but her actions have caused her to be sued also. What a moron. It is disgusting what families do to each other.

It is disgusting what families do to each other.

The Power of Attorney that your Mother granted to your brother was for HER not your father. ONLY your father can give his POA to whomever he desires. The good news is that it is NO LONGER IN FORCE....IT ENDED WHEN YOUR MOTHER DIED! I would strongly suggest that you RUN not walk to the nearest attorney for help to get this mess straightened out and hopefully recoup some monies from the brother who has misappropriated funds. You should file for guardianship of your father in the meantime.....brother should have to sell his house and anything else of value to repay the money he has stolen!

I was told by Humana Insurance that my step-dads POA was no good after death. If your brother still has a POA on the father, see and attorney ASAP!!

it doesn't matter, one the person is dead the POA is no longer in effect, it goes to the person who is executor of the will

You do not indicate if the father who had the strokes still is competent. If he is not, then the youngest brother can sign for him if he was included with the mom that passed. In any event, this is a legal question which must be solved with an attorney and in the courts. Pool your family's resources, hire a good family attorney, and also get Social Security involved. Using someone's benefits is illegal unless permission has been given. Good luck!

Info here is spot on. POA ends at death of the grantor. Does the brother also have a POA on the deceased's husband? If not one may have to be obtained (adjudicated) through the courts if he is not competent (sounds like, obviously). You definitely need an attorney and to contact SSA immediately. Hopefully the 'youngest son' has left enough of an audit trail that he can be sued if he has actually abused the powers granted by any POA's he holds or held. You may also need an accountant to track through this mess if fraud exists -which is what it sounds like. Run don't walk to attorney and get him stopped ASAP! The longer you wait, the less you will be able to recover. POA holders must be accountable for expenditures and decisions they make on behalf of the grantor. It's a darned shame that abuses like this occur so frequently and can get to the point where nothing is recoverable. That's why it is imperative that you act quickly. If it can be established that the son used her (and her spouses) assets for his own benefit, as long as he's got assets of his own (in his name) you & the family may be able to recover at least something for the surviving spouse. Good luck! Hope you will post later to let us know if you were successful in either terminating this guy's control & getting recovery. Or, at a min, obtaining an adequate accounting of the use of the funds that substantiates they were necessary & expended for the deceased &/or her spouse's behalf.

frazzleharried,
PLEASE contact your nearest Area Agency on Aging.
Tehy usually have at least one day per week when a free lawyer comes to their office, and people can schedule appointments to ask their questions. IF the lawyer cannot handle it, they will refer you to someone who can.
ALSO, there are usually free or low-cost legal helps for those in military [separate from public],
or agencies that help those on low income...they are tougher to get hooked up with...usually, these might be paralegals or such who help those on limited incomes get help they need.
What that brother appears to have committed, is several kinds of fraud.
Social Security REALLY hates being defrauded...!
First, it needs to be proved. There need to be records that show what money the dad had, or got from retirement funds, Social Security, etc.
Also, where does he live, and what are his bills.
Also, bank records showing transactions over the last period of time the brother has been doing this stuff--bank records may need subpoenaed, since other family are not the POA, and the POA may have otherwise destroyed or prevented anyone else from accessing them.
But records are necessary, to prove he did wrong.
Since it is assumed brother's POA stopped with Mom's death, NO one has a real POA from the time of mom;s death, on...unless brother managed to get a lawyer to help him get a new POA when Mom died.

You seriously need legal help to solve this,
or, you need to be willing to 'walk away' and drop this off your stress radar.
It's a very tough issue that so many families face.
Many have chosen the legal battles, and others choose to walk away from that battle, because it is not worth the financial and emotional stress.

You may have to sue your brother, and I would consult an attorney immediately.