Can I resign as a power of attorney?

If someone has an estate plan, we presume it will be carried out as planned. So, if someone is appointed as a power of attorney, we assume they’ll carry out that role.?

However, despite our best efforts, unforeseen circumstances can arise. What happens if you find yourself appointed as a power of attorney, but circumstances change, and you no longer wish to fulfill that role??

Step 1: Assessing the Situation?

The first step is to determine whether you've exercised the powers granted to you as a power of attorney.?

If the power of attorney has not been used.

If the authority has not been used, resigning from the role may be a straightforward process. This entails formally resigning in writing and notifying all relevant parties, including the grantor and any named substitutes.

If the power of attorney has been used.

However, if you've already acted under the power of attorney, the situation becomes more nuanced.?

While the ideal solution is for the grantor to execute a new power of attorney, your family situation may be complex, the grantor may not want to, or the individual may no longer have the capacity to do so.?

You may need legal advice to help you sort this out.?

Seeking Relief from Power of Attorney Responsibilities

You may not be able to compel the grantor to execute a new power of attorney. Now what? You may need to seek the court’s intervention and petition the court to remove you as power of attorney.?

When family tensions present a challenge, it may be wise to appoint a neutral trustee to manage the grantor's affairs. A professional trustee can impartially act in the grantor's best interests and ensure there is continuity and stability in your loved one’s decision-making.

Lessons Learned: The Importance of Legal Guidance in Estate Planning

This scenario is one that we’ve seen in our practice and underscores an indisputable fact: things don’t always go according to plan.?

When that happens, you want to make sure you have strategic legal counsel to protect your best interests and your loved ones. Don't hesitate to reach out to our team of experienced estate lawyers to address any concerns or questions you may have.?

Disclaimer: This article is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for specific guidance.