An old friend never updated her Durable General Power of Attorney documentation and has had a severe stroke. She has been in the hospital for about a week now and has thus far been unresponsive. She is considered incapacitated at this point. I feel it best at this point that her family take over her business affairs. She has a son in his 20s and 3 sisters. What do I need to do to relenquish my responsibilities? (at the time she executed the documentation, she was living with me but has not lived with me since 2010, document is dated 2009).
if the POA provides for an alternate or successor Agent, then it should just be a matter of your sending a letter to the successor/alternate. I would also send it to the principal and anyone else who you have been dealing with as agent. You may want to have the letter notarized, as well.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Estate Planning Attorney
You could execute an affidavit declining to serve as the agent under the power of attorney. If there is a back up agent, that person would then step in. I would also send a letter and the affidavit to her son and sisters.
It is a good idea for your own protection to consult with an elder law attorney in Arizona to make sure you are not left vulnerable or liable in any way.
Medicaid / Medicare Attorney
Powers of attorney frequently fail if the appointed attorney-in-fact can not or does not want to serve and the document does not list a successor who is able and willing to serve. That is one reason that people should consult with an experienced elder law attorney when preparing powers of attorney. You can refuse to serve (follow the advice that has been given) and then your friends family may need to step up and petition for guardianship. You only mentioned a durable general power of attorney. Does it contain a health care power? Without that authority, you can't make health decisions for her anyway.
1 lawyer agrees