I want to resign and designate POA to my brother. Any advice? - AgingCare.com

I want to resign and designate POA to my brother. Any advice?

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Mom is on the verge of not being competent, but still knows all 5 kids. Had a trust made 16 years ago. No one minded then I had POA. But now, brother is with Mom most and we don't always agree on what is best. I am spent. Do we HAVE to get a lawyer? Or is there a simple way to change?

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GardenArtist nailed it.
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If your brother is not named as a successor, I don't see any way he can act under the existing DPOA. If the relationship were good, you could work out an informal arrangement with him but it doesn't sound as if this is feasible.

Who made the determination that your mother is "on the verge of not being competent"? If other than a medical professional, and this is just a personal observation, it would be up to your mother to revoke the existing DPOA and execute a new one. This is the best option.

But because of the friction with your brother, it would be worth it to spend the money and have a new one prepared by an elder law or estate planning attorney, if your mother is still able to make those kinds of decisions.
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Sole with husband next and WE want to be rid of the haggle with brother.
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Are you the sole recipient of the powers or is there a successor named?
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