If I have durable Power of Attorney over my father’s finances, who I can contact to have myself removed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.