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