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What you will need to do is challenge your brother's actions under your mother's POA. Being a POA doesn't mean that your mom's assets are your brother's personal piggy bank! A person acting under a Durable Power of Attorney becomes the agent of the principal who appointed him or her. As agent, that person is what the law calls a “fiduciary.” This means that person has a duty to act in the highest good faith for the principal’s benefit. It does not mean that the person can simply use the assets of the principal for the agent's own benefit. In your situation, I would put your brother on written notice by certified letter of the foregoing and let him know that if he does not provide you documentation regarding your mom's assets so you can be assured he is satisfying his fiduciary duty to your mom, including giving you a full accounting of all your mom's assets and money in and out of his accounts and thereafter keeping you informed of the progress, you will be filing a petition with the court to have him removed as POA for breach of his fiduciary duty to your mom and be asking the court to order an audit of the estate
. If that fails, file your petition.
Also, as long as your mom's still competent, she can always revoke the POA. To do so, she would need to simply send a letter of revocation to your brother revoking the POA effective immediately and demanding your brother return the original. Even if your brother does not return the original, the revocation is still effective upon receipt. I would have her send the letter by certified mail and/or independent courier so you have independent proof of sending it and the date. Also, send a copy of the revocation letter to any financial institution to which the POA was presented. And, to be totally safe, record it in the county public records so that anyone is deemed to have notice should your brother try to act on her behalf under the revoked POA.
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