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.

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.

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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.

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Can a Person Give or Turn Over Her Power of Attorney to Someone Else?


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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 tending to another person's affairs can be time consuming and exhausting. You may be concerned that if you do not exercise due care, you can be personally liable for monetary damages. If you do not feel capable of meeting these challenges, you have a responsibility to relinquish that authority. Powers of attorney are subject to state law. As a result, the standards on how to relinquish a power of attorney may vary from state to state.

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There are many tasks that you must do personally because of their legal or medical significance. For example, no one else can register your vehicle for you or sign your name to legal documents without formal permission from you. This formal permission is documented by a power of attorney, authorized by Article 6 of Chapter 58 of the Kansas statutes.

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