Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

Yes, as an agent under a power of attorney, you generally have the ability to resign from your role. However, the specific process and requirements for resigning will depend on the laws of your state and the terms of the power of attorney document itself.

Most U.S. states have laws that provide a mechanism for an agent to resign from a power of attorney. These laws typically outline the steps an agent must take to properly terminate their role and responsibilities. It’s important to consult the specific statutes in your state to ensure you follow the correct procedure.

In many cases, resigning as an agent involves providing written notice to the principal (the person who appointed you) if they are still competent. If the principal is incapacitated, you may need to notify their guardian, conservator, or any co-agents or successor agents named in the document. Some states may also require you to inform certain family members or other interested parties.

Additionally, the power of attorney document itself may contain provisions regarding agent resignation. It’s crucial to review the document carefully, as it may specify a particular method for resigning or impose certain obligations on a resigning agent.

Keep in mind that even after resigning, you may have ongoing duties to protect the principal’s interests until a successor agent can take over. This could include safeguarding assets or providing an accounting of your actions as agent.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.