Mom lives with me now, and my brother "decided" on the amount of money he sends me for her support. (about one fifth of her monthly SS and other income!) I suppose he can do that legally because he's the POA. But now mom wants things changed because of his deviousness. I've already been to an attorney several weeks ago, and he's done nothing! Should I find a different lawyer? My brother and I don't get along at all - as the executor of her estate is he able to change her will? He's angry with me and keeps saying things like "payback". Is there anything I can do? It feels like he's got everything sewed up! I think he's pocketing all the rest of her monthly income, but there's no "watchdog"! How could this scenario be possible? It's a travesty.
Payback time it is.
Tell us what happens.
1337.14 Revocation.
(A) A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it.
The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by the principal , a witness to the revocation, or other health care personnel to whom the revocation is communicated by such a witness. Absent actual knowledge to the contrary, the attending physician of the principal and other health care personnel who are informed of the revocation of a durable power of attorney for health care by an alleged witness may rely on the information and act in accordance with the revocation.
(B) Upon the communication as described in division (A) of this section to the attending physician of a principal of the fact that the principal's durable power of attorney for health care has been revoked, the attending physician or other health care personnel acting under the direction of the attending physician shall make the fact a part of the principal's medical record.
(C) Unless the instrument provides otherwise, a valid durable power of attorney for health care revokes a prior, valid durable power of attorney for health care.
(D) Regardless of when the declaration is drafted, the execution of a declaration for mental health treatment does not revoke a valid durable power of attorney for health care. A declaration for mental health treatment executed in accordance with Chapter 2135. of the Revised Code supersedes a valid durable power of attorney for health care with regard to mental health treatment and the designation of a proxy to make decisions regarding mental health treatment.
Effective Date: 10-29-2003
Good luck to you. Been through the greedy relative thing... it ain't pretty.
I assume the new POA would contain language revoking all previous POAs (and specifically referring to the one dated x/x/xx and naming So-and-So as the acting agent). I would send a copy of the new POA via registered, certified mail to your brother and to the lawyer who created/notarized the original POA. It is important also to update any banks or other institutions that have the old POA on file.
Yes, if you've contacted an attorney who has done nothing, I would find a different attorney. Time if of the essence here, not just because of what your brother is doing "with authority" but because of your mother's shrinking window of competency.
If your mother is capable of doing so, I would suggest asking her to write a statement explaining why she wants to revoke the existing POA, and I would get that statement notarized along with the new POA. She may be able to do this now but not later, is the thing, and if legal action comes up down the road, it might help to show that she was "of sound mind" and had good reasons for revoking the POA when she did it.
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