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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33784
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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What do i have to do to resign as power of attorney?

Customer Question

What do i have to do to resign as power of attorney?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: illnois. Power of attorney for property and health.
JA: Has anything been filed or reported?
Customer: yes. It was in Aug 2015
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I know longer can do it. I live out of state.
Submitted: 23 days ago.
Category: Legal
Expert:  Barrister replied 23 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Just to be clear, you have no legal duty to act, even with a POA, as this is an entirely voluntary position. This isn't like a legal guardianship where you are appointed by the court so you have to formally be removed from the position.

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So there is no real "resignation", you would just send a letter to the grantor of the POA stating that you do not wish to be the POA any longer and will not undertake any actions using the POA authority.

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But you can just stop doing whatever you are doing and have no legal liability to continue on exercising any POA powers if you don't want to do it any longer.

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thanks

Barrister