Fresno, CA asked in Elder Law for California

Q: I have POA for my father who has dementia. My brother was named as alternate. brother is unstable. How can I resign?

Can I resign as POA for my father who has dementia (without going through probate court) if the alternate listed in the POA is unsuitable?

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1 Lawyer Answer
Glen D. Duvel
Glen D. Duvel
Answered
  • Estate Planning Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If you want to resign, and the only other alternate is unsuitable, you must first look to the power of attorney document itself to see if it provides instructions for resignation. If none exist, or such a resignation would only empower your brother, would need to petition the court to resign and prevent your brother from taking over. Similarly, in the alternative, have the court appoint a conservator to care for your father. This could be expensive and time consuming, but given the potential family dynamic in play, may be necessary.

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