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Power of Attorney
What options do we have regarding my brother's care and power of attorney?

What options do we have regarding my brother's care and power of attorney?

Full question:

My sister in law has cancer and wont be around much longer, she has 2 kids from a previous marriage and is married to my brother who had a major brain injury 4 years ago and is disabled. We suspect she has signed over power of attorney for my brother to her son (brothers step son) We suspect she had him sign a document which allowed this but no one in our family was made aware. We have been told there is a $100,000 dollar life insurance policy which would go to my brothers step son, and he would manage my brothers finances. Our fear is we wont have any say in my brothers care and my brother isn't able to take care of himself. What options do we have? Also we live in MN and they are thinking about moving to IA which where the step son lives.

Category: Power of Attorney
Date: 04/07/2025
State: Minnesota

Answer:

The options available depend on whether your brother has the mental capacity to create a power of attorney. If he does, you may need to petition the court for guardianship or claim a breach of fiduciary duty to challenge the power of attorney. A power of attorney is a legal document that allows one person (the agent) to act on behalf of another (the principal). The principal must have mental capacity when signing this document. If the principal is incapacitated, they cannot create a valid power of attorney.

If your brother is unable to make decisions for himself, you may need to establish a guardianship to manage his care and finances. Guardianships can be for a person, their estate, or both, allowing a guardian to manage daily financial matters and provide care.

It's important to note that an agent has a fiduciary duty to act in the principal's best interest, keep their funds separate, and maintain detailed records. If the agent acts against the principal's interests or exceeds their authority, they may be held personally liable.

In summary, if your brother is incapacitated and did not create a valid power of attorney, pursuing guardianship may be necessary to ensure his care and financial management.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

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Are men more likely to leave a partner with cancer?

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What percentage of men leave wives with cancer?

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