My sister-in-law is very critical in a hosp. My brother is alive and well and competent. She gave her niece power of attorney. Niece states that she has the authority to make any decisions over my brother. That he is unable to make the right choice in finances and her care and will take over any decisions that he has to make. Being presently under stress and perplexed he is afraid that she is going to take over all matters and doesn't know what he can do to stop her. I appreciate any advise to help him resolve this situation.
Your brother's wife can still be in very critical condition, and if her mind is clear, she can still make decisions for herself. If her mind isn't clear, then the daughter needs to step in to make those decisions for her mother. It would be nice if your niece would discuss Mom's medical issues with her Dad. But if your brother is overwhelmed and cannot thinking clearly due to stress, then I can see their daughter stepping in to help out.
....if this is the situation; it's not entirely clear to me though who gave authority to whom. Could you clarify?
Did DIL grant power of Attorney to her daughter instead of to her husband?
Or did DIL think that she granted pos to her daughter OVER her husband. The only person who can grant pos is the person themselves.
I believe that you mean the first scenario.
In my family, my daughter has poa, med and financial, because I know my husband would not be able to or inclined to sign hospice papers for me, nor would he ever stop treatment.
My daughter will be more clearheaded when the time comes.
Of course, I have discussed this with my husband!
Whether the niece can act now depends on whether the POA is a DPOA or not, and perhaps other conditions as specific in the document. Have you seen it, and if so, are there contingencies, such as that SIL must have been declared incompetent for the proxy (niece) to act?
If there's friction with the niece and she's not handling issues correctly, I'm assuming that a meeting with her to offer help in handling SIS's affairs or help in decision making wouldn't be fruitful? Sometimes peacekeeping efforts can work, sometimes not.
As others have asked, is this a medical or financial POA? It makes a big difference.
A person can name anyone over 18 to be POA (medical and/or financial). It does not have to be a relative at all. The person named has all the authority conferred by the document. It really doesn't matter that someone else is more closely related.