My brother has stated that he is done being my mom’s court ordered guardian and power of attorney. He says it is up to me now. Can he walk away from his responsibilities without going to court? I live and work in another country half way around the world. How am I going to do this? She does not have Medicaid but doesn’t have much money. (Less than 800 a month income). My mom is currently living with my sister who has 24 hour care of all of her needs but is now at the point where she needs a nursing home. Can my brother just walk away or is he legally responsible for her well being.

不,他不能离开。我有一个朋友when her Aunt died became guardian of her cousin. When she got into her 70s and her DH was having health problems she asked the court to remove her as guardian, the court said no. He needs to petition the court. My brother was guardian of my nephew. When nephew became 18, my brother had to go to the State to be removed as guardian and show he had turned over a money market acct to my nephew that was proceeds from my deceased sisters life insurance policy.

I think what your brother needs to do is get Mom into a NH by applying for Medicaid for her as the last thing he does before resigning as guardian. Then sister can apply for guardianship or allow the State to take over Moms care. With Dementia she cannot assign a POA. I can't see a court giving you guardianship when u live in another country. Guardianship means doing an accounting yearly and part of that accting is that you physically see that person and make sure they are seeing doctors regularly.

I never heard of a person having POA and guardianship too. Guardianship overrides any POA. POA the person assigns you. Guardianship, the State assigns you.
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Reply to JoAnn29

He can resign from his role - it would have to be done through the courts with either a new guardian presented or the state will become the guardian.

If she is living with your sister and she is doing all the care is there perhaps an issue between them that he and she are not working well together or disagreeing on what the next steps are for mom?

If possible you need a meeting between the three of you - there has to be a reason why he is “done” - as usually it’s because of burnout or two siblings who don’t agree on loved ones next steps - I think you need to have honest communications and hear them both out to find a better way/placement for mom if her needs have changed. Best wishes
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Reply to Momheal1

He can choose to be done with it and you may want to consider that your mom is a handful and this is a sign of what's awaiting the "next" guardian? It makes no sense for you to take it on since you're not local to her at all AND she is already living with your sister. So, why isn't your sister the guardian? If she doesn't want the responsibility your brother can probably have the county become her guardian, through the courts. That guardian will place her in a facility and your family is free to go visit her and continue any relationship. You just won't be privy to or have access/control to any of her medical or financial affairs. Your brother can call social services to discuss options and process.
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Reply to Geaton777

Perhaps there was a contingent guardian, being your sister?

Now he cannot just walk away; There needs to be a court ordered change.

Call the court to report this.
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Reply to gladimhere

Why did your brother have guardianship and POA of your mother, and why is he "done" with it? Seems like it's been your sister who has done all of the work. Why doesn't SHE have guardianship and POA, and then she can get her into a nursing home?
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Reply to CTTN55

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