How do I obtain power of attorney for my incapacitated brother?

You need to have your brother fill out and sign a durable general power of attorney form before a notary public appointing you his attorney in fact IMMEDIATELY. This power can only be given when a person is alive and mentally competent and capable of designating someone to act on their behalf and dissipate their assets. Once you are appointed, as POA you must keep good records and ensure that his money is used only for his benefit or as he otherwise specifically designates. Although the POA will be in effect for his entire life until he revokes it, even if your brother becomes unable to communicate or make decisions, it must be signed while he is still capable of making such decisions. If he becomes incompetent to make decisions before a POA is signed, you CANNOT become his attorney in fact, and you must file a petition in court to be appointed guardian to act on his behalf. In such situation, you must have a doctor willing to sign an affidavit that your brother is not mentally competent.