Lake Mary, FL asked in Elder Law for Florida

Q: My brother is first POA for my mother with dementia, I am second, sister third. I do not want to be POA. How do I excuse

In the State of Florida, she is in her own home at this time. I am also Health Care Proxy of which I do not want to be. I have family issues with my adult son who has a mental illness.

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3 Lawyer Answers
Thomas Tripp
Thomas Tripp
Answered
  • Elder Law Lawyer
  • Pinellas Park, FL
  • Licensed in Florida

A: You can resign/decline to serve in writing. Send it to your mother and the other two named agents.

Send it to your mother’s Attorney if she had one.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
Answered
  • Elder Law Lawyer
  • Aventura, FL
  • Licensed in Florida

A: If you are successor POA (and not co-POA), the good news is only your brother can currently act. If you notify the principal in writing (and any third parties relying on the POA document), if your brother ever can no longer act on behalf of your mother, you will be skipped and your sister (next in line) will be empowered.

Lauren Nagel Richardson agrees with this answer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Elder Law Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: You need to send a written letter / instruction stating you are not able to serve.

If your brother is currently serving then now is the best time to resign.

Good luck.

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