Sorry for the delayed response. I was with other customers for a few moments.
I am also sorry to tell you that if your brother does not have a medical directive naming you as his agent that you do not have any legal authority to speak on his behalf. The law does not automatically give you that authority. The only way that you can have the legal authority to speak on his behalf is to have the court declare him legally incompetent and appoint you as his guardian. While I understand that this is not what you want to do, he has given you no choice by refusing to put in place legal documents that will authorize someone to exercise his rights on his behalf.
As you may be aware, the incompetency and guardianship process is not an easy process. It is one that requires him to be declared incompetent by a court and the court to review all possible guardians and decide who the best guardian would be for him. This could be a public guardian if the court finds that no family member is appropriate to make decisions that are in the best interest of your brother. I agree that it is a very difficult process. However, it may be the process that your brother needs right now. If he has no advocate then that is the only way that he receives an advocate.
I would suggest that you get the advice of a highly qualified elder law attorney in your area before you pursue the guardianship process. You can find one at www.naela.org.
I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.
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