My brother is in the hospital and unable to take care of himself. His girlfriend broke up with him while he was in treatment. My mother has gained a power of Attorney and removed some of his stuff from his apartment he shares with GF. Ex-GF is claiming my mother and wife stole her stuff but my brother claims its his.
As power of attorney, your mother owes your brother a high legal responsibility called a "fiduciary duty." This means, in part, that your mother is responsible for making sure no one wrongfully possesses your brother's property. So, to answer your question, if your mother took property out of the apartment that belongs to your brother, she absolutely did the right thing and could not be arrested for that. On the other hand, if your mother took property out of the apartment that didn't belong to your brother, she should return that property immediately. Mom should start by asking for proof that the property belonged to Ex-GF.
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If the property belonged to the gf then she can't do that. But the gf doesn't have any rights to the brothers stuff. Read the power of attorney. And see what it says.
Your mother as power of attorney has the power to remove your brother's belongings provided that power is spelled out in the document- if there is a disagreement as to what items belonged to your brother then your mother needs to iron that out with the girlfriend in the same way your brother would if he was able.
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