If my brother holds durable POA for our mother but is abusing his position, what can I do?

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If my brother holds durable POA for our mother but is abusing his position, what can I do?

She has been deemed mentally incapacitated. I want to remove his authority and have a conservator assigned to handle her financial affairs.

Asked on December 27, 2013 under Estate Planning, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You will need to hire an attorney, collect the evidence and take this petition to court to have the court challenge his authority. If there is sufficient cause, the court will permanently remove him as power of attorney and appoint an interim conservator. The court may even do so once the petition is filed, as well. If this is regarding possible elder abuse or abuse of position, then you need an estate planning attorney or elder abuse attorney.


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