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My brother went into the nursing home and manipulated my dad to make him POA. They never contacted me or sent a certified letter. My dad does not want my brother as POA. I videoed him saying what he wanted. He and my brother do not get along. My son and I still live in my dads condo. We were going to move and my dad said no for us to stay here. My brother also called APS on me but I wasn't doing anything wrong. They still made a negative report on me. They never told me they did this. I don't know what to do. I can't afford an attorney. Any guidance would be great. Thank you.

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If your dad is competent, he can assign POA to anyone he wants, and the former POA doesn't have to be notified.

The POA has to be dated and notarized (and witnessed in some states, I believe), and the date of the POA is what will tell who has that power.

If your dad is able to make his own decisions, neither of you can invoke the POA, no matter who holds it.
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I would wonder how this was done. If a form from the internet, unless it was witnessed and notarized then its no good. Did a lawyer come to the facility and make sure Dad was of sound mind. Does the NH have it on file. If so, I would ask if it looks legal to them.

APS, did they talk to u, come to your home. They have to investigate by talking to Dad and you. If this was not done, I would appeal tgeir findings. What did they find negative?

If your Dad does not want brother and is competent he can revolk the POA. I suggest this be with a lawyer who understands what is going on and makes the POA airtight.
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See if you have a Legal Aid Office in your area and get a lawyer through them.

Contact the Social Services Department at the nursing home and tell them, using ONLY FACTS, what has happened. Play the video you made of your father.

Why did you think the nursing home should contact you or send you a certified letter?

How do you know that a negative report was made against you. Did you see it in writing?

If any new information about any of these issues comes up, please post them.

Consider filing a Missing Persons report seeking your father’s whereabouts.

It is VERY COMMON for relatives to turn on each other in cases of caring for dependents when there is money involved.
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