My mother's existing POA (her daughter) has abandoned caregiver and oversight responsibilities.
After her months long absence and no contact with any family or our mom, the remaining sibs sent her a registered letter a year ago asking if/how she wanted to be involved and got no response. My question is, how do we legally change the POA, DPOA and guardianship? Is it as simple as replacing her name with another in the existing documents (mom has revocable trust), having them signed and notarized? Do we then need to inform all financial institutions and investments?
In Maryland.
If mom is not competent to understand and sign, IF there is a secondary POA already assigned, there should be a way for that person to assume the responsibilities (but you would likely need LEGAL advice as to how this works and how you can revoke the other person) and then present the updates to any/all who had the original POA assigned (in particular the revoke of the original POA, because the document they have would list the alternate - you just need the proper paperwork showing the first POA is no longer applicable - legal advice likely is necessary!)
If mom is not competent and there is NO alternative POA already assigned, you will have to petition the court to gain guardianship and stewardship (first is for the person, second is for the financials.) This can be a lengthy and expensive process, will require an attorney (recommend Elder Care) AND requires regular reporting to the courts. You would then have to present the court documents to any/all who had the original POA information.
I think your best bet would be to consult an Elder Care Attorney, for any of the cases above! They will know what your best (or only) options are.
Also, Medical POA and Durable POA are not the same as guardianship. Does someone have guardianship over your mother? If so the POAs are null and void.
This must be signed by Mom in front of a notary.
I would take or send copies of the new POA documents to all financial institutions just to be safe.