Q: If my mom signed a power of attorney to my oldest brother after she was diagnosed with dementia is Legal or void?
She lives in pa now but is living with me now in New Jersey
A: The first question is what does the power of attorney form cover? Is it a power to handle your mother's financial affairs or is it a Do Not Resuscitate power if she is hospitalized or both? A power of attorney is not the same as a will and does not give your brother a greater right to her estate assets - that is a separate document and presuming that your mother's will states that everything is to be divided equally, then you need to decide whether you are truly concerned about your brother having the power of attorney. If anything, ask your brother for a copy of the document to see what rights he has so that you can decide what action, if any is needed.
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