When my Dad was living, both me and my brother were Power of Attorney's. Now that he has passed, my Mother appointed my brother as Power of Attorney. I don't really care that he is POA, but I don't trust him with the money. Through the years, I have been the child who has done everything for my parents which I gladly did. Since my Dad has passed, there has been a lot of conflict with my brother. I want to protect myself before my Mother passes. Thank you for taking the time to help me out. I appreciate it.
Are you concerned that he'll attempt to use your funds?
I cannot know the reasons you believe your brother is capable of and will perpetrate fraud against his own Mother, but if you have evidence of same you can go to an elder law attorney and be informed of the options available to you. Do know that any fight for guardianship may end in both of you having nothing to say ever again, and a conservator appointed for your Mom by the courts. Judges often sidestep the need to play King Solomon in that way.
What are your reasons for lack of trust of your brother? What is your evidence? Take it with you.
As you have already served as POA for your Dad I would imagine that a POA doesn't have either the right or the obligation of sharing information with you.
You speak of protecting yourself? Does that mean protecting an inheritance you imagine may be extant at the death of your Mom? Because really there is no way to protect your future. Your brother's obligations now, if he is already serving as POA for a Mom who cannot manage her affairs, are to spend Mom's assets in Mom's care.
I sure wish you the best. I dislike reading of siblings squabbling about parents because I always imagine a parent in the middle, being torn by those they most love when they are in their most vulnerable years.
I would do all I could to support and get along with brother. If that were not possible I would continue to give Mom my love and hope for the best, stepping away from concerns I am not in charge of.
Is your mother contributing towards her costs -- money for rent, utilities, food?
Perhaps she should go live with your brother, since she thinks he alone should be POA>