Q:

How do you relinquish duties as a power of attorney?

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Quick Answer

Power of attorney laws vary from state to state, so before creating a resignation letter and submitting it to the proper parties, it is imperative to review the process as provided by the original power of attorney on how to terminate the process. Having a power of attorney can be a large burden, taking both time and energy to maintain another's affairs. When it becomes too difficult to manage, the only proper thing to do is to step down as power of attorney, allowing someone more fit to handle the job.

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Full Answer

Since each state may vary, the steps below are basic for relinquishing power of attorney duties.

  1. Check the original power of attorney documents
  2. In the original power of attorney documentation, the process for relinquishing the duties should be included. The details can be quite comprehensive, so an attorney may be required.

  3. Create a resignation notice
  4. A resignation must be drafted in most states that informs the principal that the agent wishes to terminate the power of attorney. Include details from the original power of attorney, such as date it was effective and clearly state that a resignation is being given and what date the power of attorney duties will end.

  5. Have the resignation letter notarized
  6. Have the resignation letter notarized even if it is not a requirement for the state.

  7. Submit the letter
  8. Submit the letter to the principal and always keep a copy for personal records.

  9. Notify proper parties
  10. Any institutions in which the individual used the power of attorney, such as schools, banks or medical doctors should be notified that the power of attorney has been terminated and given information as to who will be their new point of contact.

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