When power of attorney is left to a pair of siblings, the decision-making process can become extremely complicated if one of the siblings is often absent or negligent. It can be difficult to take the absent siblings name off the power of attorney, so before you rush to court, there are two other options to try.
First, plan A.
When you get the power of attorney document, make sure its carefully read over so its perfectly clear to everyone involved that both people are to act together in making and handling decisions. If the document states either may act alone, both people involved do not need to be present in the matter. If a statement similar to this one is not in the document, all individuals are expected to work together.
Also, when reviewing the document, its important to make sure that an individuals name can be removed if necessary. Should the situation arise, check your documents to see if they describe a process to handle removing someone's power of attorney.
Plan B
If re-reading the document isn't helpful, maybe its time to try plan B. Every state has specific laws that deal with powers of attorney. There may be a statute in your state that handles these kinds of situations, and they can usually be found online.
If both of these plans fail, then the only other solution is to file a petition asking the court to modify the document. You'll need an elder care attorney to help you, and court proceedings can take a long time, so don't delay.
The bottom line is, when there is an agreeable partnership in the matter, everything should go smoothly. But if one of the siblings with power of attorney chooses to stand on the sidelines, your smooth sailing can instantly turn into rough seas. Use one of the three methods outlined here to get your caregiving situation back on track.
