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I am a lawyer in NC and NY. If she resigned and you have a notarized resignation and your brother is the named successor in the legal documents, she cannot reinstate herself in those 2 states. There is no such thing as a legal reinstatement. In fact, whether he was named successor or not she cannot reinstate herself. It is just that there may be no one to stop her if he was not a named successor.
thanks everyone. yes i know you're right, but i don't think mom will go for meeting with atty and getting a new MPOA. she wants my brother and sister to work things out and everything be alright. remember, she is in memory care, she can't remember what she had for lunch. i think my brother will have to get a lawyer and go from there and i hate that it will come to that, but knowing my sister, it will. thanks again for confirming what i thought was true, and yes i know we need legal guidance.
Yes, too late for mom to cooperate with this level of deficit. Guardianship may need to be considered at some point. Mom's estate does pay for that, as well, or it compensates for that. But in any "fight" over guardianship you can be looking at 10K. I am with your Mom; I hope the sibs can work this out.
Appa, if you Google the laws in your mom's state for DPOAs you should find the information that you are looking for.
My understanding, from speaking with a Certified Elder Law Attorney, is that once a written resignation is delivered notifying the successor that they are now the sole POA, whether it is DPOA or DMCPOA or any other POA, you are NO LONGER involved, PERIOD.You CAN NOT resign your resignation and reinstate yourself, that's not how the law works
Your sister should be told, nice try but, no cigar! Back off or we will be involving law enforcement.
Wow, I have to say this is a clear cut case of manipulation from her.
Best of luck, these situations are never fun to deal with.
Yes I know an elder law or estate planning attorney is the best route, but was hoping someone here may have gone through this before and could shed some insight. fingers crossed!
Sister resigned legally. She cannot now appoint herself as POA. Only your Mother can do that. If your mother is still competent, and understands, then the simplest thing to do is for her and your brother to attend an attorney together, for her to make out a new POA, rescinding the last one, and to make him first and you second. That STILL leaves the matter of old records your sister should have for the time she served.
It's great to contact us, and I hope someone here has had your exact situation, but I doubt that. Also, state laws vary. You need the counsel of a real attorney where you are. To take advice from a Forum (good as we may be, hee hee) on legal or medical matters is not wise. Given this is MPOA, and not general POA it is less crucial to get old records; those can be got from the MDs. But it's important that the new POA and resignation letter from Sister go to the MD so MD office can put into force the new MPOA. I am hoping there is a general or financial POA for the time that you may need it. If not, and if Mom is still competent, that needs now to be done. Good luck, Appaloosa (one of my favorite horses). Hope you will update us as you go.
Mom is in memory care. My brother is actually the successor and has been acting as agent for the past month since my sister resigned. She sent official, notarized letter resigning. Yesterday she sent a notarized letter stating that she was reinstating herself, it was also notarized. My brother does not want her to be reinstated. She resigned due to some disagreements between herself, my brother, and some of the other siblings. My mom will be 90 at the end of October. This new letter stating she wants to "reinstate" herself is causing much duress to my mom and my brother, as well as the other siblings. So we were wondering if this new letter reinstating herself was in fact legal, or she just thinks we will roll over and accept it, not knowing any better.
No, she cannot reinstate herself. Your brother was successor and is serving. Her resignation was legally done, but she cannot reinstate herself so easily. A notarized letter means NOTHING legal. It is simply notarized that her signature is her signature. Means NOTHING legally. Your brother needs to emergently get himself right off to an elder law attorney with these letters. Your Mom's assets pay for this POA work and the help of a legal expert. Do it right away. DO KNOW that your brother is going to have to have Sister removed and himself put on with every single entity your Mother's estate deals with. And he needs to know how to keep records and he needs the old records from Sister. THIS IS A LEGAL problem now and he needs an expert.
Is Mom competent? Because she is the one who assigns and revokes. How did sister resign? Thur a lawyer stating it in writing? Wrote a letter to the effect that she was revoking the assignment and had it notarized? If one of these ways, no she cannot reinstate herself. If it was just saying "I resign" she could reinstate herself IMO. If Mom is competent, she could revoke sister and assign someone else.
If the Sister did a LEGAL and FORMAL resignation of her POA I don't see how she can reappoint herself. But if she rather threw her arms up and said "I quit" she can, of course, decide she doesn't, after all, wish to quit.
We need much more information here. Is your parent the one Sis was operating as MPOA for? Which parent, how old, and what is mental and physical condition of parent? What caused the resignation? What were the reasons for the resignation? How was the resignation put into effect? Is there an attorney involved here? Is parent ill or hospitalized at this point and what disagreements caused a wish to resign? Does sister also act as caregiver to the parent? It says on your profile that YOU are caring for your mom.
Wishing you good luck. Hope you will provide us information regarding your question. Do know the best way to get legal answers to questions is to have a brief consult with an elder law attorney.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
My understanding, from speaking with a Certified Elder Law Attorney, is that once a written resignation is delivered notifying the successor that they are now the sole POA, whether it is DPOA or DMCPOA or any other POA, you are NO LONGER involved, PERIOD.You CAN NOT resign your resignation and reinstate yourself, that's not how the law works
Your sister should be told, nice try but, no cigar! Back off or we will be involving law enforcement.
Wow, I have to say this is a clear cut case of manipulation from her.
Best of luck, these situations are never fun to deal with.
She cannot now appoint herself as POA. Only your Mother can do that.
If your mother is still competent, and understands, then the simplest thing to do is for her and your brother to attend an attorney together, for her to make out a new POA, rescinding the last one, and to make him first and you second.
That STILL leaves the matter of old records your sister should have for the time she served.
It's great to contact us, and I hope someone here has had your exact situation, but I doubt that. Also, state laws vary. You need the counsel of a real attorney where you are. To take advice from a Forum (good as we may be, hee hee) on legal or medical matters is not wise.
Given this is MPOA, and not general POA it is less crucial to get old records; those can be got from the MDs. But it's important that the new POA and resignation letter from Sister go to the MD so MD office can put into force the new MPOA.
I am hoping there is a general or financial POA for the time that you may need it. If not, and if Mom is still competent, that needs now to be done.
Good luck, Appaloosa (one of my favorite horses). Hope you will update us as you go.
DO KNOW that your brother is going to have to have Sister removed and himself put on with every single entity your Mother's estate deals with. And he needs to know how to keep records and he needs the old records from Sister. THIS IS A LEGAL problem now and he needs an expert.
Might be attorney time.
We need much more information here.
Is your parent the one Sis was operating as MPOA for?
Which parent, how old, and what is mental and physical condition of parent?
What caused the resignation? What were the reasons for the resignation?
How was the resignation put into effect? Is there an attorney involved here?
Is parent ill or hospitalized at this point and what disagreements caused a wish to resign?
Does sister also act as caregiver to the parent? It says on your profile that YOU are caring for your mom.
Wishing you good luck. Hope you will provide us information regarding your question. Do know the best way to get legal answers to questions is to have a brief consult with an elder law attorney.