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Jaimiecox059 Asked February 2023

How do you relinquish POA and turn over all responsibilities of elder mother to the state of Florida?

AlvaDeer Feb 2023
NOT EASILY, and with the help of an attorney.
If you take on POA and want to resign AFTER the elder is incompetent or diagnosed with dementia it becomes very problematic.
You have taken on responsibilities and cannot just now say "I am over this". It takes a legal resignation by letter, notification of all entities (banks, utilities and taxes you have paid, and etc) that you are no longer the POA.
It takes turning over all of your legal papers for what has come into your elder's accounts while you managed them and what went out, so all the folders with your receipts and etc.
Dependent on the state and on the circumstance and on whether another family member is willing to take this on you may actually have to appear in court and a judge listen to your case of why you cannot take this work on (too ill, too incompetent, too exhausted, too far removed, and etc. Better use them ALL).
The judge will then give judgement (you may or may not have to appear with your attorney) and assign a state Licensed Fiduciary to manage the care. Once that is done you will have NOTHING to say about anything whatsoever. Not about placement, when or where, about what is sold and what is not, and etc.
I wish you the best. See an elder law attorney or an attorney who says he has handled these cases and is willing to be paid by the hour.

BarbBrooklyn Feb 2023
This article:

https://www.google.com/amp/s/www.floridaestateplanninglawyerblog.com/amp/the-new-florida-power-of-attorney-act/

contains some guidelines, specifically that the resignation must me made in writing to the principal.

I would call the Florida Office of Elder Affairs to seek further guidance and also report the person as a vulnerable elder to APS.

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Geaton777 Feb 2023
I briefly looked through the link posted and also did an online search and could not fiind the answer. It mostly talks about the principle revoking, not the agent relinquishing. I would imagine it should happen in writing, but then who do you give that document to?

If it were me I'd start by reporting the person to APS as a vulnerable adult and explain that you are legally relinquishing your PoA (and give them a copy of the document relinquishing your role). Then you will need to wait for the county to move towards guardianship. This may take a while and it might feel very unpleasant. Once guardianship by the county happens, then all their accounts (financial, medical, etc.) are secured and you will be locked out of all of them without being notified. You will also probably be locked out of her home, if she is in one. This is how it when in our family, but we're not in FL.
Catskie62 Feb 2023
I read that article again.. guess it's not very helpful. Lol
Catskie62 Feb 2023
Your profile says "Caring for my 36 year old mother"
I'm assuming that's an error. Here is a link to an article about relinquishing a poa
https://www.agingcare.com/topics/55/power-of-attorney-poa

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