Can power of attorney determine who gets personal property?

You will need to go to court to resolve this, unfortunately. As you pointed out, the car is your mother's personal property and thus controlled by your brother, under your mother's POA.

As JessieBelle mentioned, should your younger brother be in an accident and hurt someone the legal ramifications for your mothers estate could be devastating- although, unlikely the trust could be touched. Still - since your mother can't use it, get your sister to sell the car - problem solved.

Notify the insurance company an unlicensed person is driving that vehicle and let the insurance company deal with your brother who has POA. Let them be the bad guy instead of you trying to enforce something that will be falling on deaf ears. If your brother gets into any accident and God forbids someone is killed, he could go to jail. Why doesn't he have a license? You need to tell us more...

I think the OP has left the building. Drive-by poster.

Power of Attorney

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Power of Attorney

An important part of lifetime planning is the power of attorney. A power of attorney is accepted in all states, but the rules and requirements differ from state to state. A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf. The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.

The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the power of attorney be presented before your agent's authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the power of attorney to the title company. Similarly, the agent has to present the power of attorney to a broker or banker to effect the sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the power of attorney when signing checks for you.

No licence = no driving - pull the plug however you can before he injures someone because anyone who 'allowed' it knowing he wasn't qualified is also in danger of being included in a lawsuit - do you want to loose your home, pension, money etc for little brother's pranks ............ I don't think so - if necessary put sugar in gas tank & it won't run but you lose most of value of car but that maybe cheap at that - good luck

No, do not put sugar in the gas tank. You would be damaging property that does not belong to you and you would have to pay damages. I still want to know why brother does not have a license. The brother with POA will have to assume any damages caused by non-licensed brother and if he kills someone, then the POA brother can be charged with contributory negligence. Go to court!

moecam: DO NOT, UNDER ANY CIRCUMSTANCES, PUT SUGAR IN ANY CAR'S GAS TANK!!!!!!!!!!!! That is a malicious destruction of another's personal property and if you are caught, it is a misdemeanor offense in a court of law!

Donna the previous Caregivers are 💯% correct, If Little Brother has an accident and injures some Person the result would be emotional and financial ruin. It's Mom Who kneed's to be Cared for, and not Your Bro. You must have a good Friend in the Police Force. Ring Him or Her ASAP and explain the circumstances, so the Police will confiscate the Motor Car and have it locked in a compound. As Your Friend for discression as Your Brother doesn't kneed to know that Your after saving His back side. Good Luck Donna, We all wish You well here on this wonderful Site.

I just meant disable that car as soon as possible if needed - who cares about the value of an old car as to being sued for so much more - bite the bullet & get him off the road because the longer you wait then the more libel you become -

Your first duty is to protect your parent, your second is to protect yourself & little brother is way down list if he is knowingly driving without licence - either he never got around to getting one or he lost it [DWI] but either way if you knowingly let him drive get on your knees & pray to any god who will hear you that he isn't in an accident - otherwise start seeing a lawyer to protect your own assets because you & mom could all lose EVERYTHING