How to Get My Name off My Mom's Dual Power of Attorney

By Anna Assad

You have a legal responsibility as an agent on your mother's dual power of attorney. An agent can act on behalf of the principal -- your mother -- in matters specified in the power of attorney document, such as banking transactions. On a dual power of attorney, two people are appointed as agents. If you want to resign as an agent, you must follow the instructions set forth in the power of attorney document itself. While the exact resignation procedure may vary by power of attorney document, certain actions are usually necessary.

You have a legal responsibility as an agent on your mother's dual power of attorney. An agent can act on behalf of the principal -- your mother -- in matters specified in the power of attorney document, such as banking transactions. On a dual power of attorney, two people are appointed as agents. If you want to resign as an agent, you must follow the instructions set forth in the power of attorney document itself. While the exact resignation procedure may vary by power of attorney document, certain actions are usually necessary.

Step 1

Put your resignation in writing. Include your name and that of the other agent, name of the principal, date shown on the original power of attorney and a resignation statement such as, "I am officially resigning as agent."

Ready to appoint a power of attorney? Get Started Now

Step 2

Sign the resignation. Get your signature notarized. Although the law may not require it in your state, notarization will help prevent any questions about the authenticity of your signature.

Step 3

Deliver the resignation to your mother if she's mentally competent. You may deliver the resignation personally or send it by certified mail.

Step 4

Deliver the resignation to your mother's guardian or conservator if one has been appointed for her. Send the resignation by certified mail.

Step 5

Deliver the resignation to your mother's caregiver or other person with significant interest in your mother's welfare, such as your sibling, if your mother is incompetent or incapacitated but doesn't have a guardian or conservator. Deliver the resignation to the government agency that is caring for or protecting your mother if you can't identify a suitable person. Send it by certified mail.

Step 6

Deliver the resignation by certified mail, return receipt requested, to the other agent and any successor agents named in the original power of attorney. A successor agent is an alternate listed in the document who acts only if the primary agents cannot.

Step 7

Deliver the resignation to any third parties you used the original power of attorney with. For example, if you used your powers at your mother's bank, the bank may have the power of attorney on file.

Step 8

File the resignation in the land records of any county where you used the original power of attorney for a real estate transaction. If you completed a real estate transaction on your mother's behalf, the power of attorney might be in the land records of the real estate's county.

Ready to appoint a power of attorney? Get Started Now
How to File a Revocation of a Power of Attorney

References

Related articles

How to Obtain Power of Attorney in Indiana

A power of attorney is a powerful legal device that allows a person, known as the principal, to delegate the power to perform legal acts on his behalf to you, the agent. The principal may authorize you to perform any legal act that he is entitled to perform himself, or he may authorize you to perform a specific task, such as paying his bills while he is ill. Indiana state law governs the form, content and effects of a power of attorney executed by a principal who is an Indiana resident.

How to Stop a Power of Attorney

You can stop a power of attorney you granted to another person by completing a revocation form, and you must do so as soon as possible to prevent the person from acting on your behalf. A power of attorney allows one person, the agent, to act in place of another person, the principal, in various matters, including bank and real estate transactions.

Selling Property & Limited Power of Attorney

Generally, a power of attorney document gives authority to another person, known as your agent or attorney-in-fact, to conduct transactions or make decisions on your behalf. This type of document may be helpful if, for example, you cannot attend a real estate closing. You can draft a power of attorney giving a wide range of powers to your agent, or a more limited power of attorney, giving your agent specific powers for only certain transactions. Either type of POA can give your agent power to sell property on your behalf.

Related articles

How to Relinquish Power of Attorney

Being an agent bound by a power of attorney can be a significant burden. The amount of care you must exercise while ...

How to Appoint a Power of Attorney

A power of attorney allows one person to act on behalf of another person in various matters, including health or ...

How to Resign as Power of Attorney

Acting on behalf of another person because of a signed power of attorney carries legal responsibility, so you must ...

How to Revoke Durable Financial Power of Attorney in Ohio

If you've given another person the authority to handle financial transactions for you on a power of attorney, you can ...

Browse by category