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, it is possible to decline a power of attorney (POA). A power of attorney is a legal document that grants someone (known as the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in financial, legal, or medical matters. However, serving as an agent under a POA is voluntary, and the designated individual has the right to refuse this responsibility.
There are several reasons why someone might choose to decline a power of attorney:
1. Time constraints: Serving as an agent can be time-consuming, especially if the principal requires extensive assistance with their affairs.
2. Complexity of duties: The responsibilities may be too complex or overwhelming for the designated agent to handle effectively.
3. Potential conflicts of interest: If the agent believes there may be conflicts between their own interests and those of the principal, declining the POA may be appropriate.
4. Personal reasons: The agent may have personal issues or health concerns that prevent them from fulfilling the role adequately.
To decline a power of attorney, the designated agent should inform the principal of their decision as soon as possible. This allows the principal to make alternative arrangements and potentially appoint a new agent. It is advisable to provide this notification in writing to create a clear record of the declination.
If the power of attorney document has already been signed and notarized, the agent should formally revoke their appointment. This typically involves signing a revocation document and having it notarized. The revocation should then be provided to the principal and any relevant third parties who may have been relying on the POA.
It is important to note that declining a power of attorney before it has been exercised is generally simpler than attempting to resign once the agent has begun acting on behalf of the principal. Therefore, careful consideration should be given before accepting the role of an agent under a power of attorney.
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.