Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.
Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.
Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.
A: If your brother is living, the most important question is whether your brother still has his mental capacity. In other words, does your brother have advanced Alzheimer's Disease or is he completely lucid? If your brother still has his mental capacity, he should be making all his own decisions and, to the extent your brother gave power of attorney to his stepson, your brother can take back that power. However, if your brother does not have sufficient mental capacity to understand his financial situation, it's possible someone would have to petition the court to become your brother's conservator. As a side note, a Will does not give anyone the right to make decisions for another. Only a power of attorney (or similar document) can give that power to someone else. If your brother has a trust, then that's another story because trusts DO deal with incapacity. All that having been said, if your brother is being abused (mentally or physically), you should alert the authorities in Alaska. Your brother will likely need to hire an attorney if he does not know how to handle his current situation. I hope that helps!
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