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Sunshineflower Asked January 15, 2024

Can the Durable Power of Attorney that is unwilling or unable to act appoint the successor agent to take over as stated in this document?

How is this done?
I live in VA and my husband & I have taken care of my father since the end of 2021. My older sister is named as Successor Agent. I developed an autoimmune disorder and was more concerned about taking care of my father than myself and had to be hospitalized last February. I have to get infusions every 6 weeks and this disorder makes me very tired.
I would like to name my sister as the successor agent.

BarbBrooklyn Jan 17, 2024
Being POA does not mean that you (or sister) need to provide hands on care.

It means that you use dad's resources to pay for his care.

Arrange with a lawyer to resign your POA. If sister does the same, the state will step in, if your father isn't competent.

AlvaDeer Jan 16, 2024
You say your older sister is ALREADY named Successor Agent.
That's fine.
All you need to do now is see an attorney for a simple letter of resignation listing your failing health needs and requesting that POA pass now to the successor agent.
This will require transfer of records and accounts where you are listed POA, so this letter and your own resignation will be taken by your sister to banks and entities. It will be a pain for her to do, but necessary for you to do.

The other thing you can do is to hire a Licensed Fiduciary to manage all bills and bill paying, and that will be paid for out of the accounts of your loved one. You may not wish to manage all that (understandable).
I sure wish you luck.
If there IS no successor or the successor refuses to take on this onerous duty, the this all becomes much more complicated and I would suggest consult with Elder Law Attorney.
Sunshineflower Jan 17, 2024
Alva thank you for your much needed reply. My father did appoint my older sister as Successor Agent in his Durable Power of Attorney Document. However she has been unwilling to help me because she wants to live her life and also my younger sister will not help me because she said she works M-F and won’t help on the weekends either. The real question is can I do a resignation letter with the attorney that wrote this up and send to my sister by certified mail so she doesn’t deny getting it.
I was going to write another personal letter and put inside the certified packet saying I’m sorry it had to come to this and we all couldn’t work together as a family because when I ask her to help she won’t she says she has health issues of her own and she wants to enjoy her retirement. She is also forever telling me over & over when I ask for help well your POA you need to do it. However she can run to her adult daughter’s house who is married anytime for anything and it’s near where my father lives and she doesn’t even stop by and see him. I just want to hand this over to her as successor agent and let her deal with it for once because dad made her the successor agent for a reason. Can I do this and let her get the paperwork and let her deal with it. I also was told to make sure I write in my letter please do not discard this by throwing it on the table and not reading it or in the trash because you will be held accountable for elderly abuse. Is this possible to do?
I did call the attorney today but haven’t heard back from him yet.
please let me know if you know any answers to the above.
Thank you! 😊🙏

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Geaton777 Jan 16, 2024
JoAnn is correct, you cannot appoint a PoA for someone else. If there's no successor, you may need to go through the courts to acquire guardianship for your father, but an elder law attorney would give you the best guidance since the rules may vary by state and this is a global forum.

Have you reviewed all his legal paperwork to see if there's a document titled "Pre-need Guardian"? This doc indicates that he already named a preferred guardian in the case of needing one.
Sunshineflower Jan 17, 2024
Geaton my father has a Successor Agent listed who is my older sister named if I become unwilling or unable to be his DPOA. I just want to send her a resignation letter and let her know she is now dad’s successor agent and needs to fulfill her responsibilities as such or she could be charged for Ederly Abuse if she does nothing. I assume this is true.
JoAnn29 Jan 15, 2024
If you are the primary and sister is listed secondary to take over if something happens to you or for some reason u can't carry on as DPOA, yes sister can take over. You may need to see a lawyer, the one who drew up the POA would be best, revoke ur POA and then the lawyer invokes ur sisters.

Your are not appointing ur sister, which you can't do. Only the principle can assign someone. Your sister seems to already have been assigned, as secondary.
Sunshineflower Jan 24, 2024
Yes Joann my sister is the successor agent named in his DPOA. From what I read from the answers above, I just need to get a call back from the lawyer that drew it up. I can then ask him to write a resignation letter to revoke my duty as POA and invoke my sister and then after 3 and 1/2 years of my husband, myself and caregivers that come and go and my failing health she can take over the responsibility and decisions for dads future healthcare.

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