My older brother (72) is in a nursing home, suffering from Parkinson's and diabetes, among other health issues. His stepson is his POA. My younger brother and I are not sure the stepson is truly looking out for our brother's best interests. What if any recourse do we have to force stepson to live up to the spirit of the Power of Attorney document?
Answer
If your brother is mentally sound, he can revoke the POA, change the person designated on
the POA as his attorney-in-fact, or add another person as his authorized agent to perform
specified actions. If your brother lack mental soundness and has no guardian appointed by
a court, he cannot change the POA. His stepson has a legal responsibility to discharge his
duties and fiduciary responsibilities consistent with the POA in the best interests of your
brother. You can remind him of the responsibility; if he refuses to cooperate, you can inform
the nursing home or primary care provider. If his stepson is also his health care surrogate, the primary care provider can designate a different person. If you consider the stepson to be seriously irresponsible and your brother lacks mental soundness, you could ask a probate court to appoint a guardian. Such situations are difficult to handle.
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