Q: My brother had POA for my mother. However he started having I’ll intentions and my mother wanted me to have POA.
However we signed and notarized the POA in the hospital as she is competent. He is going to try and say she wasn’t competent, what can I do to protect my mother and the POA we signed in the hospital?
A: When a new POA is executed that revokes the prior POA, until people are notified that the old POA has been revoked, they might still honor it and follow instructions from the old agent. So the new POA should be given to health care providers, banks, financial advisors, insurance agents, etc. so they know there is a new agent and the old agent no longer has POA authority to act on your mother's behalf. If the brother tries to oppose the new POA and challenges her competency, talk to the attorney who prepared the POA about that, or use the Find a Lawyer tab to retain a local estate planning attorney to review the situation and advise your mother about other actions your mother can take to limit any attempts by the brother to interfere with her wishes.
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