Due to health issues, I will not be able to continue as Health Care POA or Financial POA for a close friend. Her husband is mentally challenged, which is one reason I agreed to take on the responsibilities. I informed other family members of my need to resign more than a year ago, but no one wants the job. I do not want to abandon her, but I contacted the Office of Aging who referred me to Adult Protective Services who referred me back to Office of Aging. What do I do?
Now, on to how to resign. You resign by letter to the person who assigned you POA. You can also resign/send copy to attorney who drew your papers. You explain that due to personally issue (no other explanation) you cannot serve as her POA.
The next steps belong to your friend. She either has other family or she does not. If she does not she goes to the attorney who drew the papers and asks his/her recommend for a "Licensed Fiduciary". All Elder Law attorneys know who they are. There are about 5 in Palm Springs at my last knowledge four years ago. They are assigned by courts to act for elders with squabbling families, or for elders with NO families.
The elder friend then sits with the one she chooses and discusses her estate/trust/whatever.
Easy peesy and it is a GOOD THING that you are not taking this in. Getting out latter is harder. Now she can choose to do as she likes.
Best to you.
So overwhelmed was I by my two years doing this (the first year a nightmare and the second MUCH easier but not easy) that I resigned being Successor Trustee for my 35 years partner. I am 80. Not doing that again. Will remain his DPOA during life, but not Trustee on death.
Not sure what APS or O of A could do. Maybe O of A can give you a number for Legal Aide?
If ur friend is incompetent no problem in you stepping down, but no one can take over as POA because friend needs to assign someone. As said, at that point someone needs to get guardianship.
Please come back and tell us how things work out. We learn from each other.
Is your friend competent to create a new POA? If she can understand and communicate a preference on a good day, you could try consulting with a lawyer, using her funds, to see if the lawyer believes she is competent enough.
Is there any way that you can delegate enough of the work to allow you to continue to serve as her POA? Does she have the funds to pay a geriatric care manager and/or a professional fiduciary to do the day to day tasks of managing care and finances?
If she can't get a new POA and you can't do the job, someone is going to have to pursue guardianship. It may take a crisis, but some family member, government agency, or professional will have to step in.