Legal Question in Wills and Trusts in California

Re: Dad's incapacity and new POA

You may want to seek a conservatorship. That would make it impossible for your brother to get a power of attorney.

Re: Dad's incapacity and new POA

If two of your father's physicians have found that he lacks capacity, then what you say your brother is doing might be considered "elder abuse". It is likely you would succeed in setting the new Power of Attorney aside.

Additionally, since you are in control of your dad's care, you might consider taking some additional legal steps now (rather than waiting for your brother to do what you suspect he will do and then trying to unwind it).

Please call my office if you would like to discuss this matter further.

Re: Dad's incapacity and new POA

If dad lacks the capacity to understand what he's doing, then anything he signs can be set aside.