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Can you take your name off of a power of attorney as an agent.

Dawsonville, GA |

I am the second acting agent in a power of attorney for my grandmother and I want to remove my name from it. What do I need to do?

Attorney Answers 1


Nothing in a power of attorney document compels you to serve. Your service is at the pleasure of the executor of the document. But keep in mind that the POA has contingencies contained within in it, likely regarding either incapacitation or death. Should either of these events occur and the first is unable to act, your grandmother would be left without the help she planned for. You should notify your grandmother that you will not serve so that the document can be replaced with a willing second agent. This is usually an inexpensive undertaking, and should be done immediately for all the reasons I mentioned. It might be best to seek out the originator of the first document for help with the second. If you send a letter to notify that you are unwilling, keep a copy of it, and send it certified mail with a return receipt.

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