How do you resign a POA?

[Mrs Sully]

What is the name of your state (only U.S. law)? NJ/PA

My mom has general POA for an elderly friend who lives in PA. Mom recently moved to NJ. Along with it getting too much for her to handle, she now lives too far to make it work. She NEEDS to resign her duties at POA for this lady. The lady is in a nursing home and physically/mentally incapable of doing this stuff (paying bills, etc.) for herself. There is another POA that was designated when my mom was. He's a relative of the lady, but has shown no interest in his family member and lives a decent distant from her as well. My mom has also had no contact with this person as well.

So, I need to find out what my mom needs to do to get this off her plate as soon as possible. PLease help.

Jen

 

[anteater]

Is there a reason why you are asking this question again?

https://forum.freeadvice.com/showthread.php?t=396860

 

[BlondiePB]

Is there a reason why you are asking this question again?

https://forum.freeadvice.com/showthread.php?t=396860

She didn't like the correct replies given 4 months ago?????

 

[anteater]

I guess she did not believe us. Since I was looking PA's Title 20 anyway:

§ 5601. General provisions.

**************.
(c) Notice. - All powers of attorney shall include the following notice in capital letters at the beginning of the power of attorney. The notice shall be signed by the principal. In the absence of a signed notice, upon a challenge to the authority of an agent to exercise a power under the power of attorney, the agent shall have the burden of demonstrating that the exercise of this authority is proper.

NOTICE

The purpose of this power of attorney is to give the person you designate (your "agent") broad powers to handle your property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you.

This power of attorney does not impose a duty on your agent to exercise granted powers, but when powers are exercised, your agent must use due care to act for your benefit and in accordance with this power of attorney......

 

[Mrs Sully]

Sorry for the duplicate question. I guess it's just the issue of the week revisited in our life . . .

So what I'm understanding is that she has no legal responsibity as POA, but an ability. Correct?

The problem we have is that she's taken on receiving/paying bills, bank statements, etc. and is the contact person for the nursing home. She needs to get her name off these lists and pass it on to someone else. However, she refuses to contact the other POA, whom she doesn't know and knows (from previous info she received from the patient/friend) he won't take on the responsibility. That's why she took this on in the first place.

Any suggestions (constructive, please) as to what she can do? Who does this sort of thing for a person when no one else is willing/able?

 

[anteater]

.... However, she refuses to contact the other POA, whom she doesn't know and knows (from previous info she received from the patient/friend) he won't take on the responsibility. That's why she took this on in the first place.

Any suggestions (constructive, please) as to what she can do? Who does this sort of thing for a person when no one else is willing/able?

I suspect that you will not find this "constructive." However, that is a ridiculous attitude and nothing more than an assumption.

As for "constructive" suggestions:

03-15-2008, 08:36 AM
BlondiePB
Senior Member

If the other POA will not take over, this lady needs the court to appoint her a guardian.

 

[Mrs Sully]

I suspect that you will not find this "constructive." However, that is a ridiculous attitude and nothing more than an assumption.
QUOTE]

Oh, believe me, I agree. That is my mom's ridiculous attitude and gives you a glimpse as to what I'm dealing with here.

Who has to initiate the process for the court to appoint someone? Is that something the nursing home staff will do if the other POA won't take on the responsibility?

 

[anteater]

Oh, believe me, I agree. That is my mom's ridiculous attitude and gives you a glimpse as to what I'm dealing with here.

Who has to initiate the process for the court to appoint someone? Is that something the nursing home staff will do if the other POA won't take on the responsibility?

Since I doubt that your mother would want to take the steps to ask the court to begin guardianship procedures, that's where I would start. The nursing home undoubtedly has encountered this situation before. And they have a vested interest in the situation. Another possibility would be a local social services agency where the lady resides.

(Extraneous comment/question. I know a lot of people in PA. And it just seems to me that there is a higher proportion of people in PA than about anywhere else who just love to whine and moan about a situation rather than taking the simplest steps to resolve it. Very anecdotal and maybe way off base, but I find it puzzling.)