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Unfortunately, this happens more often than most people know. If you have definitive proof that your brother is not following your Mother's wishes, contact the authorities and put a hold on all her accounts, assets, etc. Does your Mom want to transfer her PoA to you? I would recommend it. Then check all her accounts for inconsistencies. This happened to me until I finally got Mom's PoA and put and end the the pilfering. good luck
You need to contact an elder attorney in whatever county she lives in to work with you on this.
DPOA is tricky as what gets paid or NOT paid is up to the discretion of the DPOA and she likely signed a form that they will not be held responsible for how they do this. There is a reason she chose your brother rather than you and that will be a big factor in his defense to continue to be her POA.
One big issue is if "Mother's Come Save Me" is accurate or is a sign of her dementia or an attention getting action. If she has been diagnosed with dementia since signing the POA then trying to get it changed will not be easy as she is now incompetent. You'd have to have a court hearing if your brother contests the change and need an attorney for this.
What legal have you gotten done for her? Do you have a copy of what was done?
With my mom we did the 4 forms: DPOA, MPOA, conservatorship/competency & codicil to her will in 2002 and thank goodness as she now has LBD dementia and this couldn't be done.
This really needs an elder care attorney representing you to do anything other than complain. Good luck.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
This happened to me until I finally got Mom's PoA and put and end the the pilfering.
good luck
DPOA is tricky as what gets paid or NOT paid is up to the discretion of the DPOA and she likely signed a form that they will not be held responsible for how they do this. There is a reason she chose your brother rather than you and that will be a big factor in his defense to continue to be her POA.
One big issue is if "Mother's Come Save Me" is accurate or is a sign of her dementia or an attention getting action. If she has been diagnosed with dementia since signing the POA then trying to get it changed will not be easy as she is now incompetent. You'd have to have a court hearing if your brother contests the change and need an attorney for this.
What legal have you gotten done for her? Do you have a copy of what was done?
With my mom we did the 4 forms: DPOA, MPOA, conservatorship/competency & codicil to her will in 2002 and
thank goodness as she now has LBD dementia and this couldn't be done.
This really needs an elder care attorney representing you to do anything other than complain. Good luck.