What to do if my brother is currently POA and execator of my mom’s estate if my sisters and I have decided that he is not giving her proper care?

Can we some how have the right to put her into nursing home to where she would be closer to more family and compassionate care?

Asked on August 27, 2013 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for the situation.  He is not the executor of the estate until such time as your Mother passes away and he is appointed by the Probate Court. But he is her POA. So if you think that she is not being cared for properly then you can go to court and have him removed and ask the court to appoint one or more of you as her conservator and guardian and then you can make the decisions you feel are in her best interest.  Also, if she is of sound mind she can relieve him of his duties as POA and appoint one of you instead.  Good luck.

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