POA for Health Care

[Anly]

What is the name of the state - Pennsylvania

I am posting on behalf of someone who is sharing POA of her mother for Health Care with her brother. Her mother lives in Pennsylvania. Her brother and her have no contact, and have not been on speaking terms for a long time, maybe 15 years. Her mother knows this but still insists on them sharing POA. She has tried to point out the folly in this to her mother on a number of occasions, but to no avail. She is stubborn and unwilling to discuss it.

My friend is concerned that if there is an emergency, and urgent medical decisions need to be made on her mother's behalf, that her brother won't be able to be reached in time, if at all. Is there some limit of time, (for want of a better word, a statute of limitations) for when the interested party, in this case the brother no longer has a say if he doesn't respond in a timely manner?

Secondly, when it comes to administering the estate after her mother dies, they are also listed as co-executors or co-trustees (I'm not sure if it's a will or trust). My friend knows they would not be able to agree on anything. What happens in this case? What would be the easiest way for this to be handled without her having to get into it with her brother?

On a side note, knowing that the two children are not on speaking terms, would it be unethical or incompetent of an attorney to support and draft such a will or trust for a client? At the very least, shouldn't they discourage it?

[anteater]

My friend is concerned that if there is an emergency, and urgent medical decisions need to be made on her mother's behalf, that her brother won't be able to be reached in time, if at all.

Does the POA require that both of them authorize an action? Or can they act independently?

Honestly... If it is the former and if there were an emergency and brother is incommunicado, I would simply act.

Secondly, when it comes to administering the estate after her mother dies, they are also listed as co-executors or co-trustees (I'm not sure if it's a will or trust). My friend knows they would not be able to agree on anything. What happens in this case? What would be the easiest way for this to be handled without her having to get into it with her brother?

She can decline to serve as co-personal representative. Or resign as co-trustee.

On a side note, knowing that the two children are not on speaking terms, would it be unethical or incompetent of an attorney to support and draft such a will or trust for a client? At the very least, shouldn't they discourage it?

I think that you may have answered that question:

She has tried to point out the folly in this to her mother on a number of occasions, but to no avail. She is stubborn and unwilling to discuss it.

The attorney may well have advised against it. It isn't a question of ethics or competence. If the client insists on doing something that appears dumb, the attorney is not under an obligation to stop the client.

Perhaps there is method in mother's madness. Perhaps mother hopes that, under trying circumstances, brother and sister will put aside differences and begin to work and play well together.

[Anly]

Thank you Anteater for the detailed reply. You brought up some great points, which I will discuss with my friend.

Anly