Legal Question in Wills and Trusts in Arizona

No longer want to be POA

Do I need the assistance of an attorney to remove myself as my father's POA? I have both general and medical but no longer want to be his agent on the general POA. How do I do this?


Asked on 11/13/06, 7:03 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: No longer want to be POA

No. He just needs to file a notarized document with the county clerk that states that he revokes your powers.

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Answered on 11/13/06, 7:33 pm
James Jenkins Jenkins Law Center PLC

Re: No longer want to be POA

I presume that the principal (your father) resides in Arizona. If so, my answer follows:

If the power of attorney has not been recorded, it probably provides that you are the agent (you don't state if it is a springing power or a present power)but if you are unwilling or unable to serve, then another is appointed. Appointing you does not require you to serve, only empowers you to do so. A simple written resignation or statement that you respectfully decline the duties as agent is sufficient, given to the principal. Nothing need be recorded. If the power of attorney was recorded, you could record your resignation, in which case it would need to be in the format required by the county recorder. One of the purposes of the resignation (for present power) or declination (for springing power) is to give notice to the principal or the alternate agent; the principal can write another power of attorney appointing someone else if needed, and the alternate agent can know that he is able to act. The alternate will need a copy of the power of attorney and the declination or resignation, as the case may be, to demonstrate that he now has authority.

Good luck.

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Answered on 11/13/06, 8:10 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: No longer want to be POA

The answer given by Mr. Jenkins is very good.

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Answered on 11/14/06, 1:08 am


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