Durable Power of Attorney or Guardinship?
What is the name of your state? Kentucky.
My mother became physically incapacitated one year ago, and my oldest brother filed and obtained a power of attorney so that he could make financial decisions for my Mother. The entire family was in agreement with this. She has also named him the executor of her estate.
About six months later, my Mother was able to move in with my younger sister, and we agreed that my sister would need a "medical" power of attorney, since my Mother was living in her home. My sister obtained a durable power of attorney, which I believe gives her broad rghts, if not complete rights, over decisions regarding my Mother.
I don't believe my brother has a "durable" power of attorney.
My Mother is now in a nursing home and will not be returning to my sister's home. Therefore, the rest of the family agrees that my oldest brother should now be the sole person with power of attorney of decisions regarding my Mother.
I anticipate my sister will not willingly give up her durable power of attorney.
What options do we have to restore my brother as the sole holder of power of attorney?
Is guardianship appropriate in this case?
Thank you.
--Joe Reinert
What is the name of your state? Kentucky.
My mother became physically incapacitated one year ago, and my oldest brother filed and obtained a power of attorney so that he could make financial decisions for my Mother. The entire family was in agreement with this. She has also named him the executor of her estate.
About six months later, my Mother was able to move in with my younger sister, and we agreed that my sister would need a "medical" power of attorney, since my Mother was living in her home. My sister obtained a durable power of attorney, which I believe gives her broad rghts, if not complete rights, over decisions regarding my Mother.
I don't believe my brother has a "durable" power of attorney.
My Mother is now in a nursing home and will not be returning to my sister's home. Therefore, the rest of the family agrees that my oldest brother should now be the sole person with power of attorney of decisions regarding my Mother.
I anticipate my sister will not willingly give up her durable power of attorney.
What options do we have to restore my brother as the sole holder of power of attorney?
Is guardianship appropriate in this case?
Thank you.
--Joe Reinert
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