If I have durable Power of Attorney over my father’s finances, who I can contact to have myself removed?

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If I have durable Power of Attorney over my father’s finances, who I can contact to have myself removed?

He has been deemed incompetant and resides in another state. Also, I am the only person named as his agent in the POA.

Asked on June 6, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Having a power of attorney merely means that you have the authority to act--not that you have any obligation to act, or incur any liability based on the acts of the power's grantor or your status as attorney-in-fact. You can simply decline to act if you don't want or feel you can appropriately shoulder the opportunity. (Note: you can refuse to act as attorney in fact, but only the power's grantor or his legal guardian (see below) can actively invalidate the granted power.)

If your father is incompetent, someone should probably be appointed legal guardian for him--and it does not have to be you, if you do not want to be it (no one can forced to be guardian for a parent). You may wish to speak with an elder law attorney about options.


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