More details to this question:
My dad died unexpectedly in 2/13. My brother whisked my partially disabled mom (from stroke) to a lawyer and got POA and everything else possible. He's doing a terrible job - let her medicare secondary lapse, let her Medicare Part D lapse, will not return calls to the nursing home that I researched and put her in. The facility has had it. They are documenting all the calls he doesn't take from them. I've been signing everything/doing everything. He has severe alcohol issues and cannot function well. I want to take over medical POA, but don't know how to, and especially do not want to ruin my relationship with my brother (a lot at stake). I don't have money to do this, but my mom has tons (but brother is in charge of it all). My brother is power hungry and wouldn't willingly give me medical control. I don't want control of her money, just the medical. She has some dementia, but has a lot of good, lucid days. Any advice would be appreciated.
2 ANSWERS
3 Awards
I do believe you can hire an attorney to file a petition in orphan's court to remove the agent. you should prevail if you have everything documented which it sounds like you will be able to get. a letter from the nursing home would help. the attorney may work with you and wait until he can have you access your mom's funds to get paid.
Answered on Sep 03rd, 2013 at 7:21 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
2 Awards
You may need to file a guardianship to gain control over your mother and her affairs. You can challenge actions that your brother is taking, gain control over her medical situation, and her assets, and investigate what was done using the POA. If your mother has dementia, you will need to have two doctors certify that she is not able to govern herself and her own affairs. The cost of the guardianship will be paid from your mother's funds. If you need to discuss this more, feel free to call my office.
Answered on Sep 03rd, 2013 at 3:46 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship