POA - What exactly is their power?

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L

lecollins Asked January 2016

POA - What exactly is their power?

My brother is POA of mother. He moved my mom to another state so the trust had to be changed. Of course he then change the trust to benefit he and his wife. He changed the 2nd power of attorney to his wife. He also included a clause that if I challenge anything in the trust I recieve $1. I challenged the change and my mom agreed she would have never done that. He then moved her to an unknown location for approx 45 days before telling me where she was. That was 5 years ago. He has now relocated her to the state I live in and is treating me like I'm a criminal and is limiting my access to my moms health information. I wasn't able to reach her by phone for 24 hours, so knowing he would limit the assisted living from giving me info I went straight to the hospital in the area and asked what room she was in. She was there and I walked in her room and she broke down crying. She knows my brother is limiting those who love her from seeing her. The care facility she is in has demanded that he provide legal documentation indicating they are not able to contact me under any circumstances. He has not provided anything. In the meantime this POA bully's me and treats me like he is control of all, power of everything. As a sibling, what are my rights? The care center says my brother and his wife rarely visit my mom and they see me visit and give my mom compassionate love all the time. My brother is bi-polar and I'm afraid he'll harm me. How can an individual with a mental health disorder be a POA in the first place, and on top,of that, change my parents trust? I could care less about the money. I just want to be with my mom and comfort her through the isolation from family and loneliness she feels every day. She was now just diagnosed with cancer. My brother decided that no preventitive care be done. We can't let individuals like this victimize our parents, this is just wrong! I should not have to spend a fortune hiring an attorney to fight my brother, for my mom's rights. Any advice you can direct me to would be appreciated. Thank you. I live and my mother live in Minnesota.

Power of Attorney (POA)

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score 0 · Answer 1

Thank you all for your response, you all have been very helpful!

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score 2 · Answer 2

You file a petition with the Surrogate's court to have him removed as the POA and the Health Care Proxy. You can also write a complaint to the District Attorney outlining his financial manipulation of mom, it is referred to as "undue influence" and should be investigated by the DA

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score 1 · Answer 3

Decisions on medical treatment for another need to be made pursuant to a Living Will or Advanced Directive, although these often focus on address terminal situations.

I don't understand how anyone is allowing him to make medical decisions for your mother based on a legal/financial POA. I would immediately speak to the AL and hospital staff about this and advise them that he doesn't have the authority to make medical decisions.

If necessary, contact APS and advise them that he's mandatorily withholding cancer treatment but has no legal authority to do so.

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score 2 · Answer 4

Thank you very much for your reply. I do have a copy and it does not spell out visitor control. My brother is refusing physicians and her assisted living facility from notifying me that my mom has even been admitted to the hospital or sharing any other health information. From what I see in the trust, I have a mini-summary, POA does not have specific definitions stating anything out of the ordinary. My mother has memory issues but has no problem with "in the moment" conversations. I asked mom today to be sure and tell the nurses to call me if she goes into the hospital and she said, well why wouldn't they? I live 3 hours away from where my mom is, so I can't drive there and look for her like a I had to do yesterday. My brother has always been about power and control, but this is just out of control.

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score 0 · Answer 5

Just two other thoughts...The POA document itself, presuming you have a copy, will spell out some responsibilities and remedies for problems. Mom probably has a right to see who she wants to see and again the POA would not change thatl I can't imagine that any POA document would specify that visitor control was one of the duties.

And, if there is no other recourse and brother is actually abusive to mom in some way, adult protective services can be involved, though they will not get in the middle of financial disputes or family disagreements if the person is getting decent care.

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score 0 · Answer 6

You need an eldercare attorney, because it is usually possible for a POA to be removed as POA if they are not acting in the best interests of the person they are serving or otherwise failing in their responsibilities. POA is not a guardianship where things can be done to the person against their will and wishes. POAs are intended to enable the person to act ON THEIR BEHALF in financial and in healthcare matters when they are unable. You need some help getting this fixed, if it can be. It sounds like Mom picked the wrong person to be her POA and would be frightened to change it even if she is still competent to do so, but you need to tread carefully and realize that brother will fight you because he has a financial interest to maintain the status quo. I hope this is not one of those cases where a loved one pays dearly for picking the wrong person - there was no obligation whatsoever to make it the eldest male sibling who was put in charge - and I wish you well.

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score 0 · Answer 7

Because he's the eldest child. He says this is what she said she wanted to do because she wanted to take care of my sister in law.

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score 2 · Answer 8

Curious why your Mom originally made your Brother her POA, and not you? And by the way, only your Mom can make any changes to her Trust and to her Power of Attorney.

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POA - What exactly is their power?

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