Lets not get hung up on semantics, where I live (Ontario Canada) it is referred to as Continuing Power of Attorney for Property and Power of Attorney for Personal Care. The public trustee refers to the Office of the Public Guardian and Trustee. A POA can resign for any reason by returning the POA to the grantor and making a reasonable effort to inform anyone who needs to know. Once someone becomes a ward of the state/crown the public guardian/trustee's powers supercede those of any previously named POA. You don't need to be a POA to voice concerns that someone isn't being treated properly though, any person has a right and duty to speak up.
Someone who agrees to be proxy under a POA has responsibility for financial and legal decisions, not medical ones. I think you're referring to a Health Care Proxy, or Living Will, by which someone is appointed as proxy to act and make decisions for someone else.
If this person doesn't feel up to the task, he/she has a right to resign by giving written notice.
But under a POA, the proxy doesn't have the obligation of health care decisions or looking into situations of alleged unsatisfactory treatment.
You mention a "public trustee". I'm not sure what this is and how it's used in this situation. Do you mean a guardian, or someone appointed by a court to make decisions for your friend?
A trustee in the estate planning field is generally one who handles a trust. Is this what you mean?
Has someone been appointed as the healthcare proxy/medical POA?
I can see where someone might be fine handling bills, etc. sitting at home on a computer, but might not feel well enough to handle health issues. But if the POA has resigned I don't see how she can represent the principle.
The POA did not go the lawyer who prepared the contract but gave the grantor the papers back, after she was asked by a friend to check into her medical condition. The POA claimed she was not well enough to continue. Can the POA still legally act as the grantor's voice to the unsatisfactory treatment she claims she is getting in a Supportive Facility ,even though the Public Trustee is involved?
A person who is Power of Attorney can relinquish the role at any time by informing the person who made that person POA. Do you know what was the reason the POA declined?
POAneglect, what kind of help did the sick person need? Help managing finances? That is the role of the POA. A POA is not obligated to provide every kind of help possible.
I don't know what your situation is, but sometimes people seem to think a POA is an agreement to drop everything and give hands on care when it is needed. When people think this way it can lead the the grantor to make unreasonable demands or the POA to back away with 'cold feet'.
Once someone becomes a ward of the state/crown the public guardian/trustee's powers supercede those of any previously named POA. You don't need to be a POA to voice concerns that someone isn't being treated properly though, any person has a right and duty to speak up.
If this person doesn't feel up to the task, he/she has a right to resign by giving written notice.
But under a POA, the proxy doesn't have the obligation of health care decisions or looking into situations of alleged unsatisfactory treatment.
You mention a "public trustee". I'm not sure what this is and how it's used in this situation. Do you mean a guardian, or someone appointed by a court to make decisions for your friend?
A trustee in the estate planning field is generally one who handles a trust. Is this what you mean?
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I can see where someone might be fine handling bills, etc. sitting at home on a computer, but might not feel well enough to handle health issues. But if the POA has resigned I don't see how she can represent the principle.