What rights does my mother have if my brother has financial power of attorney over her and she is in a nursing home suffering from dementia?

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What rights does my mother have if my brother has financial power of attorney over her and she is in a nursing home suffering from dementia?

He has moved his in-laws into her home against her wishes. She wants them out. What recourse does she have?

Asked on June 2, 2013 under Estate Planning, Michigan

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

If she is still of relatively sound mind, she can sign something revoking the power of attorney and granting you power of attorney.  You could then evict your brother's in-laws.  If she is not of sound enough mind to revoke the power of attorney herself, you should hire a lawyer to get it revoked youself on the basis that he is not acting in your mother's best interest.  Of course, if his in-laws are paying your mother rent, that will be a tough argument to make, given the option may be that the place sits empty.


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