Eau Claire, WI asked in Elder Law, Family Law and Libel & Slander for Wisconsin

Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is acting legally(alot has been done illegally already to me) and where can I get a copy of the signed paperwork. Brother has the copies and won't show me. Alot more issues to this, and need a low income or pro bono lawyers to help me

1 Lawyer Answer
Jane E. Probst
Jane E. Probst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to be your father’s legal guardian.

Thomas B. Burton agrees with this answer

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