How can I relinquish my power of attorney to my sister?

Full question:

I have the durable power of attorney for my parent and have been for the past 17 years. I would like to relinquish this honor to my sister and would like some information as to what the process is for doing so.

Answer:

You can resign as your parent’s attorney-in-fact by providing them with written notice of your resignation. If the power of attorney has been recorded (for example, in land records), you should also record your resignation in the same records.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, guardianship can override a durable power of attorney. If a court appoints a guardian for an individual, the guardian's authority may supersede that of the attorney-in-fact. This is because guardianship involves a legal determination of incapacity, which can limit or eliminate the powers granted under a power of attorney.