Q: Bro in FL put in med home by wife with Durable Power of Atty. As CA relatives, how can we get back rights & new DPOA?
Bro in FL; we in CA. He had stroke about 8 yrs ago; she tried to dump him in home last fall claiming physical function gone. Speech impaired, but not truly disabled. She transferred properties to her and her kids leaving nothing for him or his. Not concerned about prop.; but he is a 23 yr Navy vet and should get their help and care--not just dumped with no control. We are not rich, but want to help him get his life back and need real recommendations. We are trying to get him help, but cannot access any prior info as don't have POA. She dumped him about 3 wks ago, but has not contacted him since. We are not surprised as she got what she wanted and she and her daughter have always worked together to get her way.
A:
You need to hire a guardianship lawyer / estate planning attorney in the area where your brother currently resides. If your brother is competent then he can simply execute new durable POA's for financial and health Care to you and revoke the ones to her. Then you will have the authority you need to help your brother.
I agree that first priority is getting your brother the help he needs, but I suggest that once he is stable and protected from her you look into the actions of his wife and her daughter as it sounds like elder abuse or fraud ect.
Where does your brother live?
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