Resigning as Power of Attorney

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Old 08-27-13, 09:53 AM
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Resigning as Power of Attorney

I have decided to resign my position as my mother's agent. My sister is named as "First Successor" in the power of attorney.

Do I need to hire a lawyer, or can I write a simple letter of resignation and have it notarized?

Will my sister need to have a POA in her own name, or will my letter of resignation and the original POA (with her name as 1st successor) be sufficient for her to do our mother's business?
 
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Old 08-27-13, 01:32 PM
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Welcome to the forums! You'll have to have the letter of resignation probated to become part of the will, as will your sister in securing full POA by default. Your local probate office can guide you better than we.
 
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Old 08-28-13, 07:07 AM
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At least in New York, a Power of Attorney becomes a worthless piece of paper upon someone's death. To the left, it is only after someone's death that a Will has any sort of power and goes to probate. What Chandler stated would be true of an Executor of an estate attempting to resign.

Unfortunately, this is a bad forum choice for PoA law, since PoA law is controlled by State Statute.

I can say that, in my office, we would typically do an affidavit by the primary agent and and file that with the Clerk. If the principal is still of sound mind, I'd suggest doing a new PoA so that new successor agents can be established.

That being said, I'd suggest talking to an attorney in the state in which the Power of Attorney was drafted to make sure you go through the correct steps.
 
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Old 08-28-13, 08:58 AM
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I have decided to resign my position as my mother's agent. My sister is named as "First Successor" in the power of attorney.

Do I need to hire a lawyer, or can I write a simple letter of resignation and have it notarized?

Will my sister need to have a POA in her own name, or will my letter of resignation and the original POA (with her name as 1st successor) be sufficient for her to do our mother's business?
You answer likely depends on what sort of "business", and your state laws, and perhaps your local county government procedure.

I'd work backwards, find out what the institutions involved in doing you're mother's business require to accept a POA. Real Estate and tax transactions will usually require a full formal notarized and perhaps recorded POA.

I've been through real estate settlements where we had national lenders demand an newly issued POA and refuse to accept a POA that was over a few years old. That was a problem, because the grantor of the POA was fading in and out of alzheimers, had to wait for a clear mental day to re-issue a valid POA. FWIW, you'll want to check the terminology in your state, to determine what you want, Power of Attorney (authority to act for a competent person), Durable Power of Attorney (authority to act for a person whether competent or not), etc are worth asking a local attorney who deals with estates, trusts, POA issues.

Hal

- disclaimer, I am an attorney, but I'm not YOUR attorney, this is general background information, not legal advice.
 
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