Your mother can change her Power of Attorney for Healthcare anytime that she wants to, as long as she is competent to understand what she is doing. By signing the document, she gave your brother the authority to make health-related decisions on her behalf. Your brother does not need to cooperate in having the document changed. Your mother is free to sign another Power of Attorney naming whoever she wishes as her agent. The new document will replace any previous ones she may have signed. I suggest that your mother give a copy of the new Power of Attorney for Healthcare to her primary physician, as well as any other doctor that she visits regularly. She should take a copy with her to any emergency room visits.
Contact an experienced estate planning attorney to draft the new Power of Attorney. An attorney will make sure that the document is properly drafted and signed. In the event that your mother is not capable of signing a new Power of Attorney, the attorney can help you find other options to make sure she is protected.
Tonya R. Coles
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Sep 21st, 2012 at 3:20 PM