How to Resign as Power of Attorney

By Anna Assad

Acting on behalf of another person because of a signed power of attorney carries legal responsibility, so you must resign if you can't or no longer want to perform the duties. An agent, or person authorized to act for another party, can typically resign without giving a reason or waiting a specific number of days. However, you should formally notify the person you're acting for, referred to as the principal, and all other involved parties to protect yourself legally.

Step 1

Draft a letter of formal resignation. Although some states don't require a letter of resignation, providing one protects you legally. Include the date the power of attorney was signed, the full names of the agent and principal, a statement that indicates you're resigning, and the last day you will act as an agent.

Step 2

Take the letter to a notary public. Sign and date the letter in front of the notary and ask her to notarize your signature.

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Step 3

Make copies of the resignation. You need a copy for your records, copies for any other agents named in the document, and copies for all places where you had the power of attorney on file, such as the principal's bank.

Step 4

Send the original resignation letter to the principal by certified mail, return receipt requested. Send copies in the same way to all places that had the power of attorney on file and the other agents. Keep your copy and the mail receipts together in a safe place.

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References

Related articles

How to Grant a Power of Attorney

A power of attorney is a legal document in which a person, known as the principal, authorizes legal authority to another, known as the agent, of attorney-in-fact. The function of a power of attorney is to allow the agent to perform legal acts, such as signing a tax return or consenting to medical treatment, on behalf of the principal. Many institutions, such as banks and hospitals, offer fill-in-the-blanks power of attorney forms; some state government websites offer forms for free download. You may draft your own form if you can't find a fill-in-the-blank form that meets your particular needs.

How Do I Revoke Power of Attorney?

A power of attorney gives one party, the "agent," the legal authority to make decisions for another party, the "principal." The principal can revoke the power of attorney for any reason, even if the original was a durable power of attorney that granted authority to act on your behalf if you become incapacitated. Note, however, that you may not be able to revoke the POA if you are already incapacitated. Revoking a power of attorney is a straightforward matter of executing, notarizing, filing, and serving a short legal document.

How to Fill Out a General Power of Attorney

You must fill out a general power of attorney correctly. If you make mistakes, you might give your agent powers you don't want her to have, omit powers you do want to give her or end up with a useless document. You are the principal, the person giving authority, and your agent is the person you're allowing to act in your place. A general power of attorney allows your agent to act for you in various matters, including bank transactions and property sales. You can get a fill-in general power of attorney form at an office supply store or legal document store in your area. The fill-in form already has all the words your state requires for a valid power of attorney.

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