My brother has power of attorney over my mother & by mutual agreement neither one of us care for each other but he has

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Customer: My brother has power of attorney over my mother & by mutual agreement neither one of us care for each other but he has made it where I cannot find out anything about my mother's medical care & at the assisted living place are not allowed to give out any information to me either. So I'm wanting to know if he has this right to do this & what are my options. Thank you for your help in this matter. Ps I don't know if you need to know the state we are in but it is kansas.
JA: Have you talked to a KS lawyer about this?
Customer: No I have not yet
JA: What steps have you taken so far?
Customer: Your it, I'm trying to find out if I have a leg to stand on because I can't afford to waste money if there is no hope.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just that there is quite a discord between myself & my brother.
Answered by RaymondS316 in 3 mins 1 year ago
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RaymondS316
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RaymondS316, Expert

Hello, my name is ***** ***** I'm an attorney expert with Just Answer.  I have reviewed your initial question and would like to help you resolve your legal issue.  Please give me a few minutes to type out my response and I'll then be happy to discuss any follow up questions you might have.   I appreciate your patience.

Customer
There is one more thing I would like to add, my father is passed & he promised his old car to my child & he has not given this car to my adult child it is a 1942 Ford sedan.
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RaymondS316, Expert

I am very sorry to hear that you are going through this difficult situation.   I have seen many instances where there are disputes among family members and relationships become damaged over time.  Hopefully the information I provide can be of some assistance to you.

As the power of attorney (I believe it's a durable POA) for your mother, your brother does have the right to make decisions on her behalf.   If the assisted living facility and medical care providers have the option of limiting the number of family members they will report to regarding her condition or status otherwise, then these decisions will be left up to him.   Technically, he CAN do this as long as the POA is in effect.

As I see it, based on the facts that you provided, there are really two possible scenarios to resolve this issue:

1.  If your mother is still legally competent to make decisions she may revoke the power of attorney at any time.  She would need to put this in writing and provide copies to him and, if she has one, her attorney.  It would also be good if she could give copies to you or another family member as well as the attorney who drafted the original POA, but it should at least be given to someone other than your brother (the POA).

2.  If your mother is NOT legally competent to make decisions then any concerned friend or family member (including you) may petition the court to have the POA revoked.  This is done in instances where it can be shown that he is no longer acting in your mother's best interest.

I would very strongly recommend that you seek out a local attorney to handle this matter.  Legal competency, power of attorneys, and control over health care decisions and assets are very serious matters that need to be handled with a high level of attention to detail.

I just saw your question about the car.  That is a complicated issue.  I'll send this now and give you my thoughts on that in just a moment.

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RaymondS316, Expert

The gift of a car by someone deceased is going to be very difficult to prove without some kind of writing or other evidence.  If anyone witnessed statements that show an intent to make a gift that would be valid evidence, but this will not likely be enough.  A legal gift requires three elements: intent, delivery, and acceptance.   Since there was no delivery here, there's likely no gift.

That said, the rights to the car, since they were not passed on during his life, would have passed on directly to your mother (his spouse).   Therefore, the disposition of the car is really going to be up to her.  As long as your brother has POA, then it is really up to him.  That may be another reason to take care of the POA issue as soon as possible.

Let me know if these responses address your concerns or is you have additional follow up questions.

Customer
Thank you for your information which was very informative & has helped me in deciding on what legal action I need to take against him. Again thank you so much for your help.
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RaymondS316, Expert

You are very welcome.  I'm happy to help.  I wish you the best in getting things resolved.

Customer
Thanks so much again.
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