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

UPDATED: Dec 27, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 27, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption