My father has been living with me almost 4 yrs. I have been taking care of all his medical/healthcare for the last 7 yrs. Unaware to me that my sister has a healthcare POA, my brother is listed as secondary. My brother who lives 60 miles from my place wants to remove my Dad from my home because he thinks it is too small. I have been retired for two years and have been his caretaker for 24/7 for almost the 3 yrs since I have been retired. The Dept of Aging has been in my place and everything has been done to make everything safe for my 87 yr old Dad. Besides going to get a lawyer to change his Healthcare POA, do I have any ground to prevent my brother from taking him?
Either - your father lacks mental capacity, in which case it follows automatically that a major change in environment would carry significant risks for his wellbeing;
Or - your father does not lack mental capacity, in which case you call in a lawyer and get medical POA, just you, pronto pronto. The nice friendly lawyer will explain to your Dad that POA works much better if there is a clear line of command, closely connected with his day to day life.
You have all the documentation you need to demonstrate consistency and quality of care. If continuing to care for him is what you want, then go to it. You will have the blessing of every informed professional involved. And if I were you, I would get on to my contact at the D of A with an update and a request for advice first thing tomorrow.
A durable power of attorney would give rights to handle finances, etc.
Is Dad competent? Can he make you POA either Healthcare or Durable? If not, what are you willing to do to secure conservatorship? Think it through and decide if the potential cost is worth it to you, then proceed accordingly.
So what if your home is small? If it's big enough for the two of you and you've made the necessary modifications to make it safe, I don't see what the problem is...especially if Dad is happy there.
What does Dad want?
What does your sister think about this? Since she's primary POA, then why is she not having an active part in this? Sounds to me that your brother is assuming too much as secondary POA.