Disclaimer: The materials provided below are informational and should not be relied upon as your legal advice.
You are correct, you mother needed to have proper mental capacity to execute any deed, estate planning materials, or powers of attorney. If you feel someone has unduly influenced your mother to execute those documents, you should immediately consult an attorney.
If mom has/had capacity she can make anyone she wishes her agent under her POA. She doesn't have to notify anyone else.
If she does not have capacity, she cannot legally make someone her agent. A guardianship proceeding would be required to name a guardian of the "ward" or invalidate the "bad" POA. In that case, interested parties are entitled to be notified of the proceedings and make objections (you would be an interested party).
You need an attorney to assist you right away.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
MY colleagues are correct; you need to consult with a local attorney for assistance. That being said, your mother is not able to execute a power of attorney appointing an agent for her, if she does not have the requisite mental capacity. As for notification, your mother, if she has the proper mental capacity, is not obligated to let anyone know about the POA.
Again, I would suggest that you consult with local counsel to explore the specific facts of your situation.
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