removal of power of attorney

[tgenova33]

What is the name of your state (only U.S. law)? CT

Hello,

My mother is 77 and lives in a nursing home in connecticut. When this happened she gave a durablepower of attorney to my brother. Since that has happened my brother took my mothers home and putit in his name with out consulting her. My parents built that hometogether as a family home and never wanted it to be in one persons name. My mother has discussed her wishes to my brother who ignores what she says and claims that "he took care of mom all these years and deserves the house". I am discussing with my mom the removal of his being power of attorney but we do not know what the 1st step would be. My brother is handling all other financial matters to our satisfaction with the exception that he thinks that the power of attorney gives him the right to abuse my mother in this way.
Should he have discussed this matter of our home with her first and how do we appoint an attorney as power of attorney and get rid of him?

 

[FlyingRon]

All she has to do to revoke the power of attorney is to say so. Sending him a certified letter along with anybody who is likely to think he might be authorized to act for her to put it in writing wouldn't be a bad idea.

Harder would be invalidating the transfer of the house. You'd be best advised to contact an elder law attorney with the original POA docs.

 

[OHRoadwarrior]

On the surface it sounds like he can be charged with breach of fiduciary responsibility and the transfer voided.