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burnedout62 Asked February 2016

I have POA for my mother. She fell again and is in rehab.but wants to come back and live with me in a rental. Can I resign as POA?

It isn't safe for her to be home alone. All of her savings went to in-home caregivers over the past 14 months due to her fall and broken knee. She refused to go to rehab or a nursing home. I have to work and she had caregivers 6 hours per day but recently fell again after the caregiver left, before I got home. I have spent 100's of hours coordinating her care, paying her bills on time, making doctors appointments, in and out of hospitals with her, doing her shopping, etc. with no pay. She feels entitled that I take care of her and refuses to listen to reason. Her Medicaid application for nursing home care was recently submitted and I believe she will qualify due to her low income and no assets. My siblings haven't had relationships with her for years because of her sense of entitlement. There are no other family members who maintain relationships with her..The nursing home says that because she is competent, she can not be held against her will. I am exhausted. I have bulging discs, bone spurs and arthritis in my neck and back. Emotionally, physically and financially, I can not take care of her and I will not allow her to live with me for her sake and mine. Do I have to move to prevent her from living with me? Can I resign as her POA? I'm desperate to keep her safe and to have my life back.

pamstegma Feb 2016
See the Social Worker and the Discharge Coordinator and make it quite clear that she cannot live with you and she cannot live alone. Present your written resignation as her POA, explaining your limitations.
It is then up to the social worker to seek protective custody and take over.

BarbBrooklyn Feb 2016
Of course you can resign as PoA. You need to do it in a business-like fashion. Is there a succesor PoA named? How is it worded? In many states, PoA mean you can act as a person's legal representative, at their direction. It is not like guardianship, where you have certified that you will be responsible for their welfare.

The question really is, if you indicate to discharge that no one will be at home to care for her, and that you will not pick her up at discharge, will they send her home in a cab?. Is the hospital saying she's not safe at home alone?

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