My brother has POA over finances but he is worthless and doesn't really care how this affects me. He just wants me to handle it and leave him alone. I feel really used and abused. Dad gave me POA over healthcare and my brother POA over finances. I get all the work, but no ability to make it work for us all. When the Trust takes over, then I can call in home health care and other services. I can get more healthcare for my Dad that he desperately needs!
I am dpoa and trustee and have the power to do whats right for my mother. Tell your brother if he doesnt want the job, to change it over to you. He is responsible for it to be right and should he/you do something wrong you can be held acccountable. So he should ship up or ship out, lol ! Besides if he is a good person why doesnt he want more help for your Dad?I wouldnt help him, make him give it up.
"Incapacitated" would have to be certified by two separate neurologists or psychiatrists OR in a Guardianship hearing in court.
In either case, you need to see an attorney.