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

by Anna Assad
Tell your mother you're resigning in person, if possible.

Tell your mother you're resigning in person, if possible.

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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.

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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."

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.