My Parents are my brother's POA but..How do I change this?.

1 answer | Last updated: Sep 15, 2016
Rebeccace asked...

My parents got a POA for my brother who is 56. He has been in a nursing facility and will never leave full time care. I am now my parents' Power of Attorney due to my father being institutionalized for dementia and my mother being found by the state to be mentally incompetent. Where does this leave my brother? My mother did nothing other than sign him into the nursing home. He should have been made a ward of the state and given a guardian. What should I do and who is in charge?

Expert Answers

Barbara Repa, a senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

What a complicated family situation"”and how hard it must feel being in the middle of it all.

It's likely your brother needs to have someone legally appointed to help oversee your brother's care"”and to manage any assets and benefits he may have. It's also likely you feel your own hands are more than full, so it would be difficult for you to take on any additional responsibility for him.

As you guessed, the best next step is probably getting a court-appointed guardian or conservator who can take on the job. Contact the facility's ombudsman, who should be able to help begin that process or discuss other possible local options. You can find contact information for the ombudsman posted at the facility"”or through the national organization's website at

If you don't get the help you need through the ombudsman, contact the local probate or superior court that handles conservatorships or guardianships. Most courts these days have contacts to groups that will provide free or low-cost help in doing the necessary paperwork; others have self-help centers to help guide you through the process.