Sibling was appointed POA by both parents. He has placed both in nursing home in June 2013. their health is declining rapidly.
Yes, more than one person can be named as agent under a POA. This is not generally a good idea. It also sounds like your parents may have capacity issues, at this point. If they have capacity, they can change the POA. If not, the only way to do this would be to go through the probate court.
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Elder Law Attorney
I agree with attorney Frederick's answer that if they have capacity they can change the POA. If not you would have to look to a guardianship (conservator). Having more than one agent under a POA serving at one time is a recipe for problems (decision making by committee simply doesn't work very efficiently). It isn't clear to me why there is a problem. If the problem is that one sibling is making all the decisions, having an open discussion is probably the best solution...certainly a better solution than litigation would be. The agent is under a fiduciary duty to act in the best interest of the principal. If the decision to place parents in a nursing home is the source of the problem I would first ask what are the alternatives. If the alternative is leaving mom/dad at home, then I think there needs to be an honest assessment of whether the other siblings are really going to provide assistance in the home. If not, then presumably you have a doctor certification that there is a medical need for nursing home placement and unless someone is going to be a full time caregiver the agent sibling has probably done the best thing possible for the parents, which is placing them in a facility with round the clock professional skilled care.
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