What Can I Do About a Sibling Misusing Power of Attorney Over Our Mother in Utah?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My brother obtained power of attorney over our elderly mother under false pretenses. He is now making changes to her accounts, keeping her mail, and trying to sell her home, which she doesn't want sold. He is manipulating her and lying to her. Can I do anything about this?
Attorney Answer
Yes, you can act, and you have more than one path since this involves both a possible crime and a power of attorney that may be misused. Utah law takes financial exploitation of an elderly or vulnerable adult seriously, and it does not matter that your brother has a power of attorney document if he obtained it through deception or is using it against your mother's wishes.
Utah's criminal code makes it a crime to financially exploit a vulnerable adult, meaning to improperly use their money, property, or resources for someone else's benefit. Changing her accounts, keeping her mail from her, and pushing to sell her home against her stated wishes can all be part of that pattern. Separately, Utah law requires anyone who suspects abuse, neglect, or exploitation of a vulnerable adult to report it to Adult Protective Services or local police, and anyone who reports in good faith is protected from liability for doing so.
A power of attorney also comes with legal strings attached. Under Utah's Uniform Power of Attorney Act (Utah Code Title 75, Chapter 9), an agent, your brother, must act in your mother's best interest, not his own. Certain people, including family members like you, can ask a court to review an agent's conduct and grant relief, which can include stopping specific actions, requiring an accounting of what he's done with her assets, or removing him as agent entirely.
What you can do
1. Report your concerns to Adult Protective Services now. This starts an independent investigation and does not require you to prove anything yourself. 2. If your mother is willing and able, she can revoke the power of attorney herself, in writing, at any time, as long as she has the capacity to do so. 3. Gather what evidence you can: mail she hasn't received, account statements showing changes, and anything showing pressure or false statements he made to get the power of attorney. 4. Consult an elder law attorney about petitioning the court for judicial review of your brother's conduct as agent, and about whether a conservatorship (Utah Code Title 75, Chapter 5) is appropriate if she needs more protection going forward. 5. If the house sale is imminent, treat this as urgent, since an attorney may be able to seek emergency court intervention.
This is general legal information, not legal advice, and a Utah elder law attorney can review your mother's specific situation and advise you on the fastest way to protect her.
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Frequently Asked Questions
Can my mom revoke the power of attorney herself?
Yes, as long as she currently has the mental capacity to understand what she's doing, she can revoke a power of attorney in writing at any time. It's a good idea to notify her bank, title company, and anyone else who has been dealing with your brother as her agent once she does.
What is Adult Protective Services and what happens after I report?
Adult Protective Services is the Utah agency that investigates suspected abuse, neglect, and financial exploitation of elderly and vulnerable adults. Once you report, they investigate independently and can coordinate with law enforcement if they find evidence of a crime.
Can I stop my brother from selling the house while this gets sorted out?
Possibly, especially if your mother didn't validly authorize the sale or the power of attorney was obtained through deception. An elder law attorney can move quickly to seek a court order pausing the sale while the situation is investigated.
