durable power of attorney and living will
I have been taking care of my mother CA since late 2005. I pay her bills and groceries online -with her ok, do her income and real estate taxes and have spent a lot of money in good will. The POA said my bro and I could act separately. He was annoyed telling her I could steal from her since I already had access to $. I can prove this false. Well, the POA”disappeared” and I told my brother w needed a new one. He took mom to a lawyer in 2008 (fall) and this is what ensued: 1. A new POA where ”we must work together” (he lives in Atlanta and I in SF); 2. A Living Will w/o a separate healthcare proxey that states we must both make joint decisions of her health 3. The original will he has, and I am the executor. There is no trust. The problem is now we have to cosign, we argue constantly (I do all the work. I came to visit, found a disaster, put her in hospital, and have been here in NY for 7 weeks.). The POA is not usuable, and per my lawyer, the living will is invalid: we are joint agents (need 1 in NY). She likely lacks capacity to change her docs. Should I file for sole guardianship? The stress of arguing is killing me; he threatens everyone; there was also
no attorney/client priveledge when the docs were done.