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Wife's brother power of Attorney of sick mom and refuses to put her in nursing home. She needs daily care. What can she do?My wife's brother is power of attorney of their mother. Right now she stays with another sister. Her sister can not take care of her like she needs, but brother refuses to do anything because he does not want to sell proprty of mothers to help take care of medical issue. He also has been getting her mothers social security check and nobody knows what he uses the money on since other sister has been taking care of mother for almost a year now. Can he keep them from putting her in a nursing home so she can get the help she needs? Attorney answers (2)
Reputation Level 14
Answered over 2 years ago.
Family Law Attorney in Jacksonville, FL.
Contact the elder abuse office in your area and let them know that status of what is going on. Let your brother in law know that you will file a guardianship action in the court if he does not step up to the plate. The power of attorney may not be any good. Some states do not allow the P/A if the designator has become incapacitated. Either way though, I would certainly challenge him in court. A good elder law attorney can advise your as to how the assets of the elderly can be managed without losing the benefits. He would have to give up the social security check - but he is abusing the funds - they are for her not him.
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Reputation Level 13
Answered over 2 years ago.
Business Attorney in Roanoke, VA.
Dear Roanoker:
This is a sad and scary situation. Your mother in law can revoke the power of attorney giving her son financial access, at any time. If she is made aware of his mismanagement, she may wish to do so as soon as possible. If your mother in law does not have the mental capacity to sign a binding legal document, the other siblings may need to file a Petition for Guardianship. There are plenty of great lawyers in Roanoke that do this. We handle nursing home abuse and neglect but others specialize in helping families get the right legal assistance. And whether he can keep her from getting into a nursing home really depends on whether she (meaning your Mom in law) has the capacity to sign herself in to a facility. Wish you the best, Lauren Related Questions1 Attorney answers: 
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