I'm mentally disabled and poa over my mom is over whelming me. She's in a nursing home. I'm having problems remembering things. Luckily, the nursing home gives her meds. I can't remember to take my own. I need off her poa. What can I do ?
Hi there, you are not required to act on behalf of your mother--however, there should be a provision in there regarding you NOT serving as agent--is there a successor agent? If not, you will need to renounce acting on her behalf. This could be complicated and I suggest that you sit down with a local lawyer who can outline the steps for you. Good luck.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
You need to consult an attorney focused in estate planning to review the power of attorney which appointed you as attorney-in-fact. Most of these documents contain a successor appointment in the event the initial appointment resigns. It may also allow the appointed individual to appoint an alternative. You should definitely resign because your lack of full mental capacity will make you very vulnerable to liability for all of your decisions and far anything that goes wrong with mom’s affairs. If you were my client, I would turn purple insisting that you resign no matter what but try to turn the job over to a responsible person with full legal capacity.
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