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My sister's caregiver is dishonest, manipulative and self-serving. My sister has thwarted all attempts to replace her, so the POA (durable and medical) is resigning. I am the 2nd POA, live far away from my sister, and I am resigning also.


Is there any liability if we resign at the same time?

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If you can resign BEFORE the one currently serving do so by mail and it is simple because you are not POA and are simply saying you cannot/will not serve in future as POA. No one has to do that.

If your sister is COMPETENT to make her own decisions, (and she MUST be or she could NOT thwart efforts to fire a dishonest caregiver), then you BOTH can resign any time you wish to.
You do so as follows, by letter to your Sister. You then must notify every and any entity you currently are working with as POA for sister. By this I mean banks and investment companies where you are listed as the functioning POA on accounts. Or any bills that come to you for utitlities and etc. Notify these companies that they must now deal directly with the Sister.

It is more complicated if Sister is incompetent in her care and you can be legally considered as "responsible" for her care and can be accused of "abandoning her" especially if you are knowingly abandoning her to the claws of someone you acknowledge to be dishonest. THAT could cause you legal jeopardy. In that case you need to consult an elder law attorney and resign legally through the court. Sometimes APS can also help guide you in such resignations.

YOU have not currently undertaken any duties. For YOU this can be easy. Just have to beat the one now resigning by writing your Sister that you do not wish to act as her POA in future, and should no longer be considered as second. If you have not taken on the duty, for you it is easy.
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I did while my aunt was competent. I sent a notarized letter and copy by email to the attorney who drew it up, and cc'd my aunt. She didn't respond to me, but her attorney forwarded my resignation to my aunt, and she was teed off.
My POA was different, as I wasn't tied to any of her medical records or bank accounts. I could only act upon her incapacitation. I hadn't acted on anything, yet. However, since there was no financial or medical POA, I was tagged for it all. She (aunt, and family) even thought I should take care of her expenses and caregiving, since I was POA. I live too far and work and cannot carry the responsibility. I explained that in the letter to the attorney. I am off the hook, and as far as I know, I don't think she chose anyone else, but she is aware I'm no longer POA. Let me tell you, it's a tremendous weight off of my shoulders.
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No, your sister, if confident, can assign someone else. You live too far away to carry out the duties anyway. There is no liability because the POA is only in effect if the person is incompetent and sis doesn't seem incompetent. The Sister who is POA cannot force your Sister to do anything. Thats not what a POA means. Its a tool to have the ability to step in when the principle can no longer do for themselves.

So find out what needs to be done to formally to revoke ur POAs. It may just be a matter of writing a letter to ur sister and the lawyer who drew up the papers. Don't be surprised if Sister does not make her Caregiver her POA.
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Was this POA drawn up by an attorney? If so, you can call him/her and get an answer on this question. If the POA was not written by an attorney, then you need to seek the advice of an elder law attorney.
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Check with filial laws in your state.
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Do you have any hard evidence of dishonesty, any manipulation by the caregiver? Is it directly related to the management of your sister's care? Or, is it with the caregiver? Is your sister being physically, psychologically or financially harmed.? Does the caregiver work for an agency or is he or she being paid by your sister or POA? Has anyone done a background check on the caregiver?

Have you contacted any Social Services to see if they can provide any assistance or to investigate any of your complaints? Please reconsider and take a look at the possible legal and moral consequences of your actions and how or if your ill sister may be harmed. Is it possible that emotions could be running high, and cooler heads need to prevail? In California, a POA has only limited power to do certain things. I certainly wouldn't give that up, even that limited power without more information. The person who is being taken care of here, is the primary issue here.
You need more information. Good Luck
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Julietm: Retain an elder law attorney.
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FYI: copy and paste

https://lawesq.net/blog/2022/02/what-you-should-know-about-power-of-attorney-resignations/#:~:text=It%20is%20strongly%20recommended%20that,resignation%20of%20the%20other%20person.
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Nope.
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While responses here may give you some insight, you need to speak to an attorney to answer your questions. Do not rely on responses here in place of legal advice.

I would say 'of course not' - Why would you think there is any liability? However, the process needs to be handled properly and legally, so do proceed as needed to protect yourself, and your sister.

My question, who will take over if you resign?
If someone is considered or has said they would step up for this legal duty, they too should be with you / discuss with attorney.

Gena / Touch Matters
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