Can I give up my Durable POA? Can I have my DPOA removed?

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dogabone Asked January 2014

Can I give up my Durable POA? Can I have my DPOA removed?

Indiana, I am durable POA for my 88 yr old Aunt. She has signs of dementia but, not taking pills for dementia. With that said, she is legally compatent to do what she desires until told by a doctor incompatent.
How can I remove my DPOA? Is there an Indiana form I need to fill out and have notirized? Where can I find this form I need to do this ? Is it downloadible online?

My Aunt is 88 yrs old. Refuses to spend a dime of her money on here needs. I don't have the money to spend out of my own pocket anymore. I'm done spending my money. She has the money to spend but,refuses to spend a dime for her self on her needs. I am tired of differing with her thinking of how she spends her money. She refuses to spend a dime of her money on her needs but, want's things handed to her for free. She tells me to go to hell all the time. She's very hateful and always was a rich, spolied, hateful person all her life. I came into her life to help her because, she asked me to. Her attorney told me that he felt she needed a POA. I agreed.
What I found by this DPOA is, I'm not allowed to spend her funds to help her without her permission. And she refuses to spend a dime of her money. She lives alone in her home and she's on Medicare. She refuses, Hateful to us and she feels she is compatent. I can't help someone that is not willing to help them self. And why in the world would anyone help a person that tells them to go to hell? I'm not wanted. I'm not needed and I can't do my job as DPOA anymore. I want to remove my DPOA. How do I do this?

Because, my Aunt is legally compatent as we speak. I shouldn't have to assign another POA in order for me to remove my DPOA. I was told you only need to reassign another POA if the client is incompatent. My Aunt is still legally compatent. How do I remove this DPOA please?

Power of Attorney (POA)

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score 0 · Answer 1

Speak with her physician to discuss her competency. Are there other medical issues going on, when did she have her last doctor appointment? The DPOA probably kicks in when she is declared incapable(I'm guessing). I've seen this type of behavior where the person has the funds available but is so 'frugal' they won't spend it for their care. There are usually forms that you can complete and file in the local court house that state you no longer want to be responsible. You can try contacting the attorney that completed the paperwork for the DPOA or you can call the courthouse and speak with the court clerk, I find the court clerk a wealth of information. While they cannot give legal advise, they can give you information where you can find forms. If your aunt doesn't have anyone else, it would be a shame for a stranger to manage her affairs as they don't know her like you do. If she has dementia, her behaviors are beyond her control. I know how frustrating it can be. I know you have spent your own funds, and that is a family thing, but you are not legally obligated to spend any of your own money for her needs and care. You can also contact your local Area Agency on Aging for resources and information. Good Luck, don't give up hope, know you are not alone in the caregiving world.

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score 2 · Answer 2

AKA, the aunt's refusal to spend money on her own needs could be a sign of incompetence - or it could be a sign that there's someone around whom she can con into buying things for her.

Dogabone, while your aunt is considered competent the DPOA is not in force and you should be able to resign it without difficulty. Follow PS's excellent advice; and by all means notify your local social services.

I seem to remember that you've got a bit of a history with this aunt, though. You sure you're not going to change your mind when she really does need help?

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score 0 · Answer 3

All you have to do is write out an affidavit, notarize it, and say in simple terms you are resigning as your Aunt's power of attorney, and give it to her, her doctor, her attorney, and any other person who is a relative. Best wishes!

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score 1 · Answer 4

Bear in mind that just because she refuses to spend her money doesn't mean you have to spend yours. Furthermore, if she won't spend money on things she needs to live, this is likely a sign of incompetency. If you want to be involved but just don't want to make yourself poor from it, I'd start by refusing to spend money and see what she does. That may solve some of the problems you've experienced. But if you are truly fed up and cannot deal with it anymore, in many states you can simply destroy (i.e. rip up) the power of attorney and follow that up by notifying places that had you down as POA that you no longer hold that position (the latter not eliminating the POA, but just as due diligence). You probably want to consult an attorney just to make sure you're doing what is required in Indiana, though. And perhaps make a social worker aware of the situation so someone can monitor her. Good luck!

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score 4 · Answer 5

Go back to the attorney and sign off on the POA. Tell him you're done and he should notify APS or have her made a ward of the state.

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Can I give up my Durable POA? Can I have my DPOA removed?

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