My brother has POA for my mom. He is not acting in her best interest. He is her primary caretaker in her home with a part time aide. He is currently experiencing extreme emotional stress and cannot make any decisions. My mom has dementia and cannot grant me guardianship.(as far as I understand)
Is there any way I can take over my mom's finances. My name is not on anything.
2 Answers from Attorneys
DOES THE POA NAME A SUCCESSOR? IF NOT, YOU WILL PROBABLY HAVE TO GO TO COURT TO BE APPOINTED GUARDIAN OF BOTH MOM'S PERSON AND PROPERTY, WITH YOUR BROTHER CONSENTING TO YOUR APPOINTMENT.
YOU WILL PROBABLY NEED MEDICAL VERIFICATION OF MOM'S MENTAL CONDITION ALSO.
This is a terrible situation and unfortunately very common. If you want to get control over mom's finances, you have to file a Petition for Guardianship and go to court and explain everything to the judge and ask the judge to put you in charge.