Can I refuse POA?

What is the name of your state (only U.S. law)? California.

I have been named as POA in someone's Advance Health Care Directive. Once completed, the person simply handed me a copy of the document and said "Here you go, you're going to need this one day."

This person did not ask me if I was willing or able to accept the responsibility, they merely assumed. For reasons too complicated to go into here, I am in fact unable and unwilling to fulfill this position. Few questions:

1. Am I obligated to be this person's POA just because I was named so?

2. How do I get out of this? Can I simply send her a certified letter informing her that I officially refuse the position?

Any help is greatly appreciated. Thank you so much for your assistance.

She should have named an alternative representative in the POA.

You have the right to refuse. The best way to do so is to tell the person that you cannot take the responsibility. That will allow her to rewrite the POA and name a different representative.

It's always advisable to name an alternate rep, as the first may be ill or deceased before the representation is needed.

Thank you, I appreciate your response. But it appears I need to clarify the situation:

Verbally advising this person has not worked. She has not rewritten her documents. Hence, I must advise her in a written statement that I refuse the appointed position.

Would a certified letter (wherein I state that I refuse the position as POA and advise her to find another person) suffice to clear me of any legal obligations? Assuming, that is, I have any legal obligations?

Sorry to be a pain. This person is difficult, belligerent, and extremely vindictive. I'm just trying to cover my tracks. Thank you.

This really doesn't make sense. Just refuse to be the POA - it doesn't matter if you tell her verbally or in writing. She knows it.

You're not answering my question, and it does makes perfect sense. It's not that complicated:

Am I legally responsible to fulfill an assigned position of POA?

It doesn't matter whether she knows it or not. I'm asking if I am LEGALLY responsible.

linwheel said:

You're not answering my question, and it does makes perfect sense. It's not that complicated:

Am I legally responsible to fulfill an assigned position of POA?

It doesn't matter whether she knows it or not. I'm asking if I am LEGALLY responsible.

Click to expand...

To answer your question here: No, you are not legally responsible to fulfill an assigned position of POA.
To answer your thread's title: Yes, you can refuse to be POA.

Any other way we should phrase the answer for you?

You don't have to "refuse" it (but it does make your intention known). You just don't have to act on it.

Thank you, that's what I was looking for!