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How do I get out of a power of attorney.Notarized in ca. Both live in Oregon

Roseburg, OR |

My friend made me his power of attorney while he was staying in Ca. So I could order his medication pay bills talk to ins.agent on his behalf. I want out. How do I go about it. He has dementia I don't want the responsibility of any of that . He has children but the daughter and him do not get along. He had a restraining order put against her and she his contesting it.

Attorney Answers 2


You "get out" by resigning. You send a letter of resignation to your friend and anyone you have been doing business with on his behalf. If the POA form was properly set up, then there would be an alternate or successor agent named in the document, who can take over, upon your resignation. If this was not done, your resignation will leave your friend in a vulnerable position. Whether that impacts your decision or not is not clear.

James Frederick

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Look to the Power of Attorney document to see if it names an alternate agent. You cannot be forced to act as someone's agent, however, if your friend had dementia and a difficult family situation I recommend you consider having a Conservator appointed to help him handle his finances. Sending him a letter explaining that you are stepping down as his agent will certainly get you off the hook but it may end up putting your friend in dire straits. I recommend you schedule a consultation with a local elder law attorney.

DISCLAIMER: The information contained in this answer is based on Oregon law and is subject to change. It should be used for general purposes only and should not be construed as specific legal advice by Fitzwater Meyer Hollis & Marmion, LLP, or its attorneys. Neither this answer nor use of its information creates an attorney-client relationship. If you have specific legal questions, consult with your own attorney or call us for an appointment.

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