I am a sibling however was taken out of the rewritten will.The POA covers my oldest brother on every forefront. My oldest brother has all authority. He has been very influential in the new will dated last Feb 2016. My DAD passed away in Nov. 2016. My brother also had a martial Amendment signed 3 days before DAD died. DAD was in hospice that same week. He was on major morphine that week. My brother signed the New Amendment with my Mom. She has had dementia and Alzhimers for a few years. Then 7 weeks after the Death of her husband my oldest puts her in a nursing home / memory care facility. Then 5 days into the stay he makes her incompetent. So now she has NO say or voice. Need help as I don't have any money to fight this however its very sad to see how my brother is taking advantage of a widow and his own Mom. Also, I was in the will and would be in line as the executor if my brother could not do it anymore or died. However, with the New Will. I am not it it at all. I was taken out of the Will in 3 areas.
3 Answers
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First
Do you want your brother removed as POA? Do you want that role?
Do you want to contest your father's will?
Do you want your mother out of the nursing home? Where will she go?
It what way has your brother taken advantage of your mother? Is he using her funds inappropriately? Or what is your specific grievance about his care as a POA?
Your brother cannot "make" your mother (or anyone else) incompetent. That is a court decision and is based on evidence, including statements from doctors. There would have been a hearing. Were you notified of this? Did your brother seek and obtain guardianship at that hearing? If so, you could have contested it at that time.
I understand that you are upset, and that you would have wanted things handled differently. But it happened as it happened. Be very clear about what specific things you would like to see changed now.
Southern WI
Need help as I don't have any extra funds.
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