Can I remove my name as a Medical POA substitute representative?
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Can I remove my name as a Medical POA substitute representative?
I was named as a Medical POA substitute without asking my permission. I want
to remove my name but the principal’s attorney says I cannot. The principal and
I both live in Indiana.
Asked on April 22, 2019 under Estate Planning, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The attorney is both right and wrong.
He's right in that the medical POA is not your document: you can't change another person's document against their will.
But he's wrong in that you can't be forced to serve as an agent or attorney-in-fact (those are the terms for the person given authority by a POA, medical or otherwise) against your will: you can't be required to make decisions, to be involved, to exercise authority, etc.
Send the lawyer and the principal a letter, sent some way (e.g. certified mail) that you can prove delivery, stating that you refuse to serve to as the agent or attorney-in-fact and will not act under the medical POA. If they are smart, they will re-draft the form with someone else. If they don't, then if ever anyone (e.g. a doctor or hospital) approaches you about the medical POA in the future, simply inform them (and follow-up in writing) that you are refusing to serve in that capacity and never consented to the role.
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