Ask them. But if they won’t answer or you’re not communicating, this can be difficult, since powers of attorney are private. If you were to go to court to seek guardianship or conservatorship (the terms differ from state to state), no doubt your brother would produce any power of attorney if he were to oppose your appointment.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
