My brother is her financial POA, is on her joint checking account, the executor of her will. She has no health care directive. I am concerned if he should die and she is incompentent, who will pay her bills, take care of her business. I have tried to talk to my brother and mother about my concerns but they just don't seem to care. My brother says, "You can just get guardianship", well gee thanks.
A health care POA or "proxy" would be a VERY good thing, if nothing else, so you can get information. There were many times I would not have been given any had I not produced the appropriate papers for my mom. It also formally allows someone to make treatment and end of life decisions if the person cannot. If separate people can have financial and health care POAs it may be ideal. Do you feel like you know what Mom would and would not want done in case of a life-threatening illness? That conversation, though difficult, is a lot better than having to go through guardianship, which can be a little expensive as well.
I hope that helps. And I hope I will not ever have to get guardianship of my mom....I have both the POAs and that will probably be enough. There are circumstances when you really need it to protect someone from themself or from others who would take advantage, and I also hope your situation is not one of those!
As for you getting a lawyer, I don't know but would think not. For you to contest the guardianship would be a pain in the butt to your sister. So by all means contest it.
Reminds me of my poor aunt years ago. She had been taking care of her child after her bum husband left her just weeks after the child was born. He didn't pay child support and for some stupid reason went to court with my Aunt claiming he was taking his son. Of course the son was several years old by this time. Not only did he not get his son but had to pay my Aunt thousands of dollars back pay for child support.. Haaaaaaa
Note to you sister: Be careful what you wish for.
we do not know what to do and do not think she will sign a power of attorney.