Can someone who is a power of attorney surrender their POA designation?

Question

My godmother designated my mother as her power of attorney a few years ago. Over the past year, she has been verbally abusing my mother and making unreasonable demands upon her, which is taking a toll on my own mother's health. I was curious if my mother has the right to "surrender" her P.O.A. status? How would she go about doing it?

Answer 1

All your mother has to do is resign or decline to act.

The consequence will be that the godmother will select a different person to act on her behalf with a Power of Attorney.

Answer 2

Yes. Power of Attorney is an authority, not a requirement. She should simply let the woman know that she will no longer do it, and perhaps offer to help find another one for her.

But there is no requirement for her to remain POA

qintopan...you should not answer when you are clueless. First, it is EASY to discontinue. As I said, it is not a requirement. Second, if dementia is involved, it is better to have someone who can deal with those problems handle it anyway. Either the woman's attorney can help find someone, or the state will assign someone. Nobody has to feel responsible to subject themselves to abuse.

Answer 3

Yes, she can resign. I wouldn't suggest it without serious consideration.

Is it a durable power of attorney, meaning even after a death, she can pay bills, sign legal documents and close the estate?
The fact that she accepted this position in the first place, well, it sounds a bit late to refuse it. That would leave NO ONE to make the legal decisions and that would fall to the system. Something no one really wants to happen.
I think your mom might benefit from psychological counseling with regards to handling the stress of an aging loved-one. Being able to allow the mean remarks and such bounce off oneself, helps immensely. Much love.

Answer 4

Yes all your mother has to do is to decline to act instead of this person. When I wrote my power of attorney I have two people in case one is either unable or declines to act in that capacity. I also have two people for my health care proxy for the same reason. You should never just pick one person just for that reason.

Answer 5

I would imagine that if your mom knows this ladies attorney's name then she could get in touch with him and ask to be removed as having Power of attorney over this woman's affairs due to health reasons of her own.

Answer 6

Any time she wishes....just execute an affidavit of the contrary...and notarized it and send copy to the one whom made her the administering POA...such POA shall ceased to effect. The right of a person is her own decision to make. But definitely, you can't do it for you mom. Ok?

Answer 7

And those decisions are to be made by the executor of the will or the admionistrator of the estate. POA expired with the person

Answer 8

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RE :Can someone who is a power of attorney surrender their POA designation?
My godmother designated my mother as her power of attorney a few years ago. Over the past year, she has been verbally abusing my mother and making unreasonable demands upon her, which is taking a toll on my own mother's health. I was curious if my mother has the right to "surrender" her P.O.A. status? How would she go about doing it?
Follow 10 answers

Answer 9

Your mom can simply notify your godmother in writing that she will no longer serve in that capacity. However, this may not solve your Mom's problem.

Answer 10

Yes, but It's hard to do that. And it wouldn't be good for her mother if she has some form of dementia, or alzheimers. I wouldn't personally suggest it. (if it's dementia) because with dementia they can't control what they say.