The Wills are meaningless until your parents die. The Power of Attorney is the operative document. That said, because of your siblings actions, the only real recourse is a conservatorship/guardianship. You need to contact an Elder Law attorney ASAP to help you out and evaluate your best course of action.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.Ask a similar question
I agree with Mr. Shultz. Before things get any worse, speak with an attorney and see if a conservatorship is appropriate.Ask a similar question
Attorney Shultz is correct. A will is revocable, changeable and not legally binding until after the person who signed it has died. Unfortunately in your circumstances, as Attorney Shultz noted, the person holding power of attorney has legal authority during your parents' lifetimes until there is a court appointment. Accordingly, your only real option is to go to court to attempt to be appointed as your parents' fiduciary. Good luck to you.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.Ask a similar question