How do I resign as my mother's power of attorney?

Q: What are the disadvantages of being a power of attorney?

Being a power of attorney can be burdensome as it involves significant responsibility and potential liability. You may face pressure from family members or other parties, and you could be held accountable for any financial mismanagement. Additionally, if disputes arise, it can lead to legal challenges and emotional stress.

Q: Can a nursing home override a power of attorney?

A nursing home cannot override a power of attorney (POA) as long as the POA is valid and the agent is acting within their authority. However, if there are concerns about the agent's decisions or if the principal is deemed incapacitated, the nursing home may seek a court-appointed guardian to intervene.

Q: Does a durable power of attorney have to be activated?

A durable power of attorney becomes effective immediately upon signing unless specified otherwise in the document. It remains in effect even if the principal becomes incapacitated. If the document states that it only activates upon incapacity, then it will only take effect under those circumstances.

Q: Can a POA be a paid caregiver?

Yes, a power of attorney (POA) can also be a paid caregiver, provided that the POA document allows for compensation. However, the arrangement should be transparent, and it’s advisable to have a written agreement detailing the terms of compensation to avoid potential conflicts of interest.

Full question:

I have been appointed statutory durable power of attorney by my mother. I have been acting as her agent for nearly a year now. She is under hospice care and requires 24 hour nurse care which is being paid for by her income and savings. The savings will run out soon forcing me to sell her home to pay for the care. As a result I am now between a rock and a hard place because the house deed is in the name of her trust and she named my Aunt co-trustee of that trust (I have to include my Aunt in all transactions according to my title company). I know that does't sound like a problem yet but the problem is my Aunt has been creating a nightmare for me as I try to sell her (my mom's) house and because my mom is afraid of losing her relationship with my Aunt she will not change any of her estate planning papers to give me the ability to act in her behalf. I want to resign from being the POA. The POA paperwork says my Aunt is next in line to be appointed should I resign so I am ready to let her have it all. This headache is not worth it. Is there a form or letter and/or proceedure for my state that I must follow to resign? Thank you for all your help and/or suggestions!

Category: Power of Attorney
Date: 04/07/2025
State: Texas

Answer:

As an agent, you can resign from your role as power of attorney (POA) by submitting a written resignation. This document should be notarized and copies should be provided to your mother (the principal), her guardian or conservator, the successor agent (your Aunt), and any relevant court involved in your mother's affairs. It's also advisable to file your resignation with your county's public records office to formalize the process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a POA not allowed to do?

A power of attorney (POA) cannot make decisions that are against the principal's wishes or that violate the law. They cannot change the principal's will, make gifts to themselves, or make medical decisions if the principal has specified otherwise. Additionally, a POA cannot act outside the scope of authority granted in the POA document.

What are the disadvantages of being a power of attorney?

Can a nursing home override a power of attorney?

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's will, cannot make medical decisions if the principal has specified otherwise in a living will, and cannot act in a manner that is illegal or contrary to the principal's stated wishes. These limitations ensure that the principal's rights and intentions are respected.