My stepmother named my stepbrother power of attorney over my father while he was already incapacitated. What can I do now?

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My stepmother named my stepbrother power of attorney over my father while he was already incapacitated. What can I do now?

Anonymous Jan 4, 2012 3 views 1 answers

My stepmother passed away a few months ago and she had named her son power of attorney over my father while he already had dementia. My stepbrother does not want this responsibility and never even knew about it until she passed away suddenly. My father did not know what he was signing and I'm not so sure the lawyer was concerned about ethics. I would like to take over the Power of Attorney since I am his only blood relative and I'm sure my stepbrother will not put up a fight, but how can I do that if my father is already incapacitated?

Steven Fromm · Accepted Answer · 2026-06-15T10:36:26+00:00

If your father is legally incompetent, he cannot have an attorney draft a POA. You must petition the court to be named his guardian/conservator. Get with an elder or estates lawyer immediately to discuss your options. Hope this helps. Please remember to designate a best answer to your question. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is

My stepmother named my stepbrother power of attorney over my father while he was already incapacitated. What can I do now?

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