Resigning as Power of Attorney
I have decided to resign my position as my mother's agent. My sister is named as "First Successor" in the power of attorney.
Do I need to hire a lawyer, or can I write a simple letter of resignation and have it notarized?
Will my sister need to have a POA in her own name, or will my letter of resignation and the original POA (with her name as 1st successor) be sufficient for her to do our mother's business?
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The new POA is not legal if they have dementia and she had them sign paperwork taking off your name. When my Mom gave me her POA we had to be in an attorney's office and he had to speak to her alone to make sure she was of sound mind and was not being forced to do this. The attorney can be held responsible if he did this knowing they had dementia.
How could your sister sell your parents home without you knowing what was going on? What happened to the money? You must not live close to your sister or parents not to realize what is happening.
I would suggest that you immediately go to an Elder Law Attorney and let them lead you, but you better fight it now before sis has every dime spent!
I would go with the procedure of Guardianship. It will turn over ALL responsibility, and I do mean all. There are limitations that can be issued in the form of an 'addendum' by the judge or attorney. It is not something you want to enter into without due diligence.