They are saying they're renting her house cause she is almost out of money. Can the other 3 do anything? We are in total darkness about everything. We don't believe she could be out of money. Please advise
Is your Mom competent to answer your questions? Guardianship overrides POA if you wish to seek it and care for Mom, manage all bills and finances yourself, and keep meticulous records. The POA is answerable to the court only in her/his fiduciary duty. If you suspect fraud see an elder law attorney and bring your evidence. POA do NOT make wills for their principals EVER under ANY CIRCUMSTANCES. So that is just blowing smoke or they are really dumb. Only the principal can make/change a will, and only while still competent.
Just as a comment: POA agents cannot make or change wills. However, the competency standard for making a will is not as high as it is for making other estate documents. It depends on the extent of her dementia not on her having dementia. It may be possible for her to revoke her former will and have a new will drafted. Doubtful, but possible.
Dementia does not automatically make a person incapacitated! In the early stages of dementia the person may be very likely able to handle their own affairs. There are many stages of dementia. Declaring incompetence usually requires concurrence of two doctors very closely associated with a health record of the patient. Doctors are usually very hesitant to declare a person incapacitated.
Elder care attorneys usually are experts at detecting if a person has the capacity to handle their financial affairs. Doctors are fine but all things considered an experienced elder care attorney can be more helpful.
I don't see why the brothers cannot show you legal documentation, drawn up by a lawyer, that they are the POAs. What they can and can't do is written in the paperwork. I would not trust something printed off the internet. Easy to coerce a person with Dementia to sign. And actually someone suffering from Dementia is not competent to sign.
I think consulting a lawyer would be a good thing.
Legitimate PoAs are not legally obligated to keep anyone informed or in the loop. Nor are they required to "prove" their authority to anyone, even other family members. If they don't voluntarily show you the paperwork, you can hire an attorney to write a letter that threatens to make them prove it before a judge. You will pay the legal fee and your relationship with those brothers will most likely tank and they may decide to prevent you from seeing your mother again.
PoAs have no authority to change a person's Will, ever. I have to ask how you know the Will was changed and that they are the ones who changed it? Is she the one telling you she's out of money? Reyling on info from your 96-yr old demented mother is a problem since she's no longer an accurate source.
Guardianship overrides POA if you wish to seek it and care for Mom, manage all bills and finances yourself, and keep meticulous records.
The POA is answerable to the court only in her/his fiduciary duty. If you suspect fraud see an elder law attorney and bring your evidence.
POA do NOT make wills for their principals EVER under ANY CIRCUMSTANCES. So that is just blowing smoke or they are really dumb. Only the principal can make/change a will, and only while still competent.
Just as a comment: POA agents cannot make or change wills. However, the competency standard for making a will is not as high as it is for making other estate documents. It depends on the extent of her dementia not on her having dementia. It may be possible for her to revoke her former will and have a new will drafted. Doubtful, but possible.
I think consulting a lawyer would be a good thing.
PoAs have no authority to change a person's Will, ever. I have to ask how you know the Will was changed and that they are the ones who changed it? Is she the one telling you she's out of money? Reyling on info from your 96-yr old demented mother is a problem since she's no longer an accurate source.
Pick your battles wisely.