My Brother is using illegal Power of Attorney because Mom did not sign the POA or even seen them. Advice?

I am afraid your current problems are far too complicated (to say nothing of unknowable) for any online forum to understand or be able to comment on. You will have to use the authorities in your area to deal with this.
Ultimately, if your Mother is incompetent and diagnosed as same she will need a guardian or conservator assigned to her. While this is often/perhaps usually a family member competent and trusted enough by all to be assigned, in many cases where family is "at odds with one another" the judge will remove family members and place a court appointed fiduciary to manage the finances and placement of an incompetent elder. This may be the best course of action in your case, and I would be surprised if APS and the director of your Mom's facility have not already contacted authorities in this case to appoint social services who will then contact a judge for temporary court guardianship or conservatorship.

If Mom has not been found incompetent to make decisions, she can revoke brothers POA. What should have been done is the POA written up by the lawyer, Mom signs it, its witnessed and notarized. Unless immediate, the POA is called Springing which means it does not go into effect unless Mom is found by a doctor or two that she can no longer make informed decisions.

As long as Mom can make informed decisions she should be listened to. I suggest that you get Adult Protection services involved. If they can't do anything then call your State Ombudsman and ask that they investigate.

Now Mom still being in the home. Even if of sound mind, the NH may have declared she needs 24/7 care. They cannot discharge unsafely. Since they have except brother's POA, you may need to prove that you can care for Mom or arrange for the care she needs to come home. The home may have to have safety features installed. But I would first try APS or the Ombudsman. The NH has to give u the Ombudsman's number. It should be posted some where at the NH.

When my Mom had her POA written up, I was not involved in it other than being there. The lawyer did not go over anything with me. I was not even required to sign that I excepted the assignment. Anyone can be assigned POA without knowing it.

Have no idea how a banker could notarize anything without Mom present. That's the whole purpose of a notary. The person/s mentioned in the document have to be present and show ID before the paperwork is signed and notarized.

"The director said she can't sign it she doesn't know what she's doing!" Does ur Mom show any signs of Dementia? If so, did she show these signs before Brother seems to have taken over? If so, brother has no rights either. A person with Dementia cannot sign a POA. The person has to be competent to assign a POA. You can get it no other way. The next step is guardianship which is expensive.

I think you need a lawyer on your side to take you thru what actually is the law in your instance. Maybe that lawyer can go to the NH and talk to Mom. If he finds her competent, than he can revoke the POA and have her assign u, if that is what she wants. If he finds she is incompetent no POA can be done. He maybe able to have brothers revoked if gotten when Mom was incompetent.

You do need to calm down. If you rant and rave when talking to the Director and police, it does not look good for you. You need to keep as calm as possible.


Hope I have helped.

Jerry's Profile:

"I was taking care of Mom and my Brother had this POA drawn up and we agreed to agree on the issues with Mom. ... I took Mom to the hospital for the appointment and it went South since my brother stepped in and locked Mom in the nursing home. He put a trespass order on myself to block me from getting his POA revoked.  …  The police called me about a month ago and took the trespass order down. …  My brother fails to realize or give up his POA!  … please tell me what to do from here?

From his opening post:   "I put Mom's name on the paper And gave to my brother telling him to not use the POA because I signed the documents not Mom. "

You fail to state whether or not your mother ever signed a POA document.   Did she?   Or did your brother sign one?  

And you too?    Do you know what forgery is??   You just admitted to it.

"...basically set me and mom up so I could not go into the nursing home to have mom sign the revoke POA document."   

I've never heard of revoking a forged document that wasn't viable in the first place.

You're in trouble b/c of the forgery, and your brother could provide that to the police for forgery charges.

Sadly, your profile and opening statement aren't consistent; it's hard to determine now which one of you may have forged the POA, especially since there's no indication your mother ever signed it.

Seriously, heed the advice of VegasLady.    You need to step back, calm down, assess your own criminal actions, and get some help to get you back on a path of rationality.   I write this not to be cruel, but because you have some serious problems which you're failing to recognize, and shifting the blame to others.

Are you taking any meds, or something else that affects your judgment?

BTW, I just used Google and found 3 people with your name in Wyoming.   You NEED to contact the Admins ASAP and change your screen name, if it is in fact your real name.   As Geaton advises, never share such personal information online.

You might be the one who is the problem here. You are ranting and raving about what you think is wrong and end up being the one getting arrested. See a doctor yourself for some meds fo help you calm down and see a counselor to help you cope in better ways with the situation. The way you are approaching things now is not a good sign of your ability to cope with other people and have a positive outcome for anyone involved.

I am reporting your post to admin so that they will remove your personal information. Please do not post such sensitive info here.