Please advise. Last year a few days before Thanksgiving my father picked up a bug and was put in the hospital for dehydration and stayed for a few days. Concerned about my father & more about my mother who is in her early stages of dementia, I immediately booked a flight home. I arrived at my parent's home and 45 minutes after arriving my older brother (66 yrs old) shows up, walks past me, shoves me aside and walks into the kitchen. At the top of his lungs he starts telling my mother that he is now in charge of our father's financials. My brother isn't very articulate, but I knew right away that my brother was telling us that he was up to something. A bit later my mother's best friend calls me & tells me that she was worried because she saw my brother take my fathers wallet from the kitchen table. Mom asked my brother for the wallet & my brother said he didnt have it. My father had the wallet in the hospital. We called my father & he said my brother had the wallet. My mother was furious and asked me to take her to the bank so she could get a copy of the bank statement because she did not trust my brother. Once we got a copy of the bank statement it showed on 11/21 a $500 money transfer to my brothers credit union for a car payment as well as using the debit card as his own for unauthorized purchases. My mother cancelled that debit card. Next day my brother shows up and says, " Hey mom, I just went to the bathroom & I saw dad's wallet on top of the dresser in your bedroom & you just didnt remember that it was there because of your dementia." My mother just looked at me & I told my brother B.S., we just got back from the bank & mom cancelled that debit card after we saw that you were using the card. My brother loses it & starts throwing punches and tries to fight me. I locked myself in the hall bath & called the police. The police showed up and my brother pretended that he had called the police and after explaining to them what had happened the officers told my brother he was not allowed back without police escort and told me to file a court order of protection against my brother. After that, I realized this was not an isolated incident. It was obvious my brother was bullying my mother & possibly my father. I had only planned on staying for a few days, but now knew I had to stay longer to see what was really happening. I stayed for all of Dec. One day I went to get the mail & found a letter addressed to my brother at my parents home address & not his home address 10 minutes away for cremation services. Another thing I noticed was that my brother was taking my mothers memory loss meds from her (mementine) prescribed by her psychiatrist & tells her not to see her again. This medication helps block the chemical enzyme that creates confusion & helps with memory loss. It was as if my brother was trying to advance mom's dementia & make her weak or get rid of her to manipulate my dad for the house, etc. Also, the day I left my brother tears up a months journal I created for mom to remember how and what time to take her meds on time with examples. Brother tears up & instills fear tells my mom not to take the meds because of the side effects. Moving fast forward to now 1/6/2023. In retaliation my brother tells my father that there is no court order of protection and wait to see what happens to your son. I had planned on flying into town to meet with my father's oncologist to discuss the benefits and risks of chemotherapy for an 85 year old man with prostate cancer, but cancelled. I'm learning that my brother had coerced my father into calling the hospital telling them to not allow me to have access to my father's medical records then appoints himself MPOA. I mention this to my father & he then tells me, "I think i just signed everything over to your brother." I asked dad if he understood what he signed & he said no.
1) If he was legally capable recently of signing POA paper to your brother, he is also capable of signing new POA forms, which will cancel and supersede the ones to your brother.
2) If he was/is not capable of signing new forms (which brother will probably argue), then the old ones are also probably invalid.
You need to see your parents in person, with some evidence of what your brother is doing, and new forms to sign. I’d suggest that you take either a lawyer or a social worker (or both) with you. Leave it to brother to question them.
Yes, report your brother for criminal behavior. But it may save a lot of time and effort if you can stop this happening right now. A new set of POA forms, plus the criminal report, should put a stop to it. If brother has another go after that, he will be piling up evidence against himself.
A call to APS would also start an investigation but your Mom and Dad will have to cooperate and confirm any behavior that is illegal and harmful.
His getting POA, if its not witnessed and notarized, its no good. I would demand brother show you the paperwork and if he won't ask the police to request it. I would get Mom to assign you POA. Seems she can still understand what it means. Also report brother for taking her meds. Get Dad to assign u POA if he is competent to do so, this will revoke brothers, if there is one. I would do this with a lawyer. Get both Financial and Medical.