Can my brother who has mental health and drug issues take my mother out of the care home that I placed her in? I have POA AND MEDICAL DIRECTIVE AND AM TRUSTEE ON HER PROPERTY. SHE HAS TWO LETTERS FROM HER DR'S STATING SHE CAN NO LONGER MAKE DECISIONS. SHE HAS SOME DEMENTIA AND CANNOT TAKE CARE OF HERSELF PROPERLY. I have been making sure in the last two years (without brother's help) THAT ALL OF HER NEEDS ARE MET. MEDICATION, DR'S APPOINTMENTS, PAYING HER BILLS, PREPARING MEALS etc. My brother is feeling threatened as she has property in Mendocino where he has has lived rent free for over 40 years. I told him we may have to sell it in order to afford the care home. He has never paid taxes or homeowners or rent. He refuses to talk to me, I have asked him to start looking for a place to live and to find work. I am afraid my mother will leave with him if she could. She has told me she feels like a prisoner at the care home and is threatening to run away. The ladies that are in the care-home including my mother go out to lunch, sometimes go to church, meals are prepared, all personal needs such as her medications, showering, depends, dressing, laundry are being taken care of. My mother is telling my brother that I have put her there as punishment. He has no idea just how difficult and demanding it was to take care of her prior to her going into the care home. My brother can barely take care of himself does not have a washer or dryer, lives in a 500 sq ft cabin with 8 dogs. My mother thinks he will take care of her. I think they are both in La La Land.
Stand strong and ignore your brother, he has shown who and what he is.
Second, I would contact an attorney for advice on how to protect your mom and properly manage her affairs and property as to being able to pay for her care. Guardianship may be the best avenue to take, but with the POA in place it may not be necessary. The attorney might recommend filing a protective order and/or eviction proceedings as well.