I notified her via phone and her attorney via phone. She indicated it is an at will appointment and I can refuse and that I don't have to do anything. Is this correct information? I want to know if anything needs to be in writing so that I am covered against any liability for her care/lack of care. Also, she is not currently incapacitated but is headed there so I must remove myself due to unavailability. Thank you.
I had the same POA and my aunt told me it was only until she became incapacitated.
Well, she was getting worse but not incapacitated yet and family were on my back to help her. I was too far. I spoke to my aunt and told her my concerns and almost begged her to name someone closer, but she wouldn't budge. So, I sent a note to her attorney stating this and that I was stepping down. Aunt is livid, but there wasn't anything else that I could do, and also even though the document stated I couldn't act until incapacitation, I just didn't want to be liable and having anyone calling me or accusing me of neglect when I couldn't be as available as everyone wanted/expected.
Mom might be miffed, but hopefully she understands. I would send the letter to the attorney as everyone suggested here.
I would write a letter to the lawyer telling them you never excepted the assignment and that you need to revoke the it because you are unavailable. I would cc: Mom in, and sending her a copy. Or write Mom and cc: the lawyer sending him a copy. Do it all by certified mail. I would ask the lawyer to contact Mom telling her she needs to assign someone new.