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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 113501
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I am trying to figure out what document is needed

Customer Question

I am trying to figure out what document is needed for Relinquishing power of attorney to another sibling
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Hello, I paid for some help with my Question am I going to get some help or hopefully a prepared Doc????
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is the person you have the PoA for competent?
Customer: replied 1 year ago.
No, he is my brother he is not competent at this time... the way the will is written it goes from him to my other brother who lives in Idaho who cannot take care of any of my mothers issues and then it comes to me so both of them need Relinquish leters of statement, so I can have Power of Attorney for my Mother
Customer: replied 1 year ago.
However, I have spoken to them both and they are in agreement with me becoming POA
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you have PoA and he is no longer competent, then as PoA you can "assign" or "grant" the PoA to someone else. If your brother is not competent, your brother cannot sign any letter of relinquishment. If your other brother is competent, then he can sign a letter called a "notice of resignation" (see: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4150-4155)
He would simply write in the letter he has taken over from your brother who is incompetent and that he and your other brother are both unable or unwilling to continue as POA and he is resigning as PoA. He signs it, dates it and has it notarized. That would be all that is required (you cannot get one from your brother).
There is no actual form for this though as the CA code does not specify any form.
Customer: replied 1 year ago.
I don't have the POA yet. both of my brothers are still alive.. However neither can take care of my mother so I need to get POA... My 1st Brother is in the Hospital w/amputated leg.. cannot take care of my mother or her Finances.. my second brother lives in Idaho, cannot take care of my mother or her finances.. That leaves me.. Cannot get Bank Info, Mortgage Info or Medical Info without a letter of POA... is what I am being told
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I know you do not have the PoA yet, but if your brother does have the PoA he can relinquish it to you with the letter as I described above.
If he cannot do that, then you have to file in court to get petition for guardianship approved by the court.
Customer: replied 1 year ago.
Well that's all good and well but the Website you referred me to is under reconstruction and cannot be opened.
Customer: replied 1 year ago.
So I just paid for Nothing... Thanks Buddy
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
First of all, you must have made a mistake on the website, it was a link to the CA laws and it opened right up for me again. Perhaps you pasted it incorrectly in your browser, but it is absolutely working and it brought me right up to the laws.
Second of all, you did not "pay for nothing, buddy" as you did nothing but leave a deposit that is fully refundable and if you want such a refund then you can do so by going to http://ww2.justanswer.com/help (make sure to properly paste it into your browser so it will open and you do not again blame me for something I did not do). The experts of this site are not employees of this site and I apologize for technical issues with the links we post, but you have to copy them and paste them into the browser and we too have issues with the site and links, I am very sorry for that. As the experts are not employees of this site we get nothing for spending time with customers who do not leave positive feedback (unfortunately again, we can also not help the fact the site has technical issues as we do not work for the site). I really am sorry, but the link does work.
This is a simple process if your brother will send you the notarized witnessed letter like I described above.