This is a prime example of why people should have alternates named on any POA. I'd see an attorney since state laws vary. Possibly there's something that can be done but you want to make certain it is legal and since your mother can't partake in the decision it could get tricky. Good luck, Carol
Usually in a POA, there are alternates named in case the attorney-in-fact can no longer serve or no longer wants to serve. Did you read the whole document to see if there are any alternates named who could take over and serve?
ferris1 - can we assume that the person asking the question would not ask unless there were a good reason? Jobs change, locations change, life doesn't wait, as all on this site know all too well. To explain why the change is needed just wastes our time, though it could add an interesting tale, that's not why we are here. Best to you, love your comments!
What stage of dementia is the person in? If they can understand "in the moment" what they are signing an attorney may allow the change. There should be successors, there usually are, named in the document. That person would then assume the responsibilites of the POA. If not you may be able to be granted guardianship on an emergency basis which can happen quite quickly. If the person with dementia is in a facility the facility may be able to assist with the guardianship process.
Im kinda new to being a POA myself & do not understand exactally what I can or can not do but dosen't POA have the legal right to do anything needing done for the person that the person can no longer do or decide on? Dosen't that mean they can assign someone as the new POA if they need or want to since the person can not do it themselves? I have alot to learn I know.
Try delegating some of the duties. I have a friend who helps me, but I maintain control over the decision. It relieves some of the stress to know someone else will execute the action.
Folks - you cannot just "hand-off" a POA. The purpose of appointing you in the first place was the person felt you could handle the responsibilities and you agree under oath to accept them. The person with dementia has a terminal illness, and will die leaving you free of any responsibilities. Can't you wait?
Carol
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