I am healthcare POA and my brother is financial POA for our 90 yr. old mother who is currently in skilled nursing/rehab. My brother and I are also each others back-up POA. I no longer want the job because I have two other siblings (sisters) who are very combative and are making my life and my immediate family's lives miserable.
If I "step down" from being POA and my brother is unwilling to do it because he lives hours away, then will a Guardian automatically be appointed for my mother?
Also, how do I go about relinquishing my responsibilities as Health care POA. Who do I tell? Do I have to sign legal documents saying I don't want to do it anymore?
If my two sisters were willing to step up and be the health care and financial POA's, then maybe we could have new POA forms drawn up by an attorney and they could make all the decisions, but my mother has some dementia and I don't know if it would if new documents would be legal since she is not "totally" of sound mind.
I don't know what to do and any advice would be very much appreciated.
This would solve a host of problems - but guess what? Even though I offered to pay the attorney's fees out of my own pocket to have my sisters made Healthcare POA and Financial POA, they were unwilling to do so. Instead, all they want to do is yell and scream their opinions and they hang up the phone when I suggest anything that isn't what they want. They think they're right about everything.
They want to "run the show", but by refusing to take on the roles of Healthcare and Financial POA's, they showed their true colors.
I'm the youngest in my family and my sisters treat me like a whipping boy. They have no respect for me and I can't take it anymore. I have yearned to commit suicide many times over these last months - that's how desperate I feel to have this burden lifted.
I definitely want to stop being the Healthcare POA and stop being the back-up Financial POA because my sisters are making my life unbearable and my brother is not helping at all even though he is the Financial POA. I'm just the back-up Financial POA, but he still has me sign all the papers and do what he should be doing. And since my sisters want to bully me and be in charge of all decisions, they should consent to being Healthcare POA and Financial POA, but they won't. Maybe if I step away, they'll step up.
I don't know if I can just stop being POA by refusing to do anything else, or if I actually have to fill out a form or sign a paper or something. I live in North Carolina and I've tried to find information online to see if there is anything I need to do to legally relinquish being Healthcare POA and back-up Financial POA, but I can't find the information anywhere.
If anyone out there knows the proper procedure in NC for not being POA anymore, please please let me know, as I'm desperate to get this resolved.
Let me do some research about stopping being a POA. I don't know the answer, but I think I've seen that question asked here before. I'm sorry I didn't answer sooner, but I didn't realize you had posted an answer. Hang in there, we'll get you some answers.
by Anna Assad, Demand Media
You should notify the principal and all involved parties when resigning.
Acting on behalf of another person because of a signed power of attorney carries legal responsibility, so you must resign if you can't or no longer want to perform the duties. An agent, or person authorized to act for another party, can typically resign without giving a reason or waiting a specific number of days. However, you should formally notify the person you're acting for, referred to as the principal, and all other involved parties to protect yourself legally.
Step 1
Draft a letter of formal resignation. Although some states don't require a letter of resignation, providing one protects you legally. Include the date the power of attorney was signed, the full names of the agent and principal, a statement that indicates you're resigning, and the last day you will act as an agent.
Step 2
Take the letter to a notary public. Sign and date the letter in front of the notary and ask her to notarize your signature.
Step 3
Make copies of the resignation. You need a copy for your records, copies for any other agents named in the document, and copies for all places where you had the power of attorney on file, such as the principal's bank.
Step 4
Send the original resignation letter to the principal by certified mail, return receipt requested. Send copies in the same way to all places that had the power of attorney on file and the other agents. Keep your copy and the mail receipts together in a safe place.
http://www.secretary.state.nc.us/ahcdr/thepage.aspx