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.
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.
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.
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! 😊🙏
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.
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.