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?
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.
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.
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.
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.
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
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