February 23, 2022

Your power of attorney document formally appoints another person known as a power of attorney agent to take actions on your behalf. As the creator you are referred to as the principal in this document.

There are some situations, however, in which an agent might determine that they wish to resign as your power of attorney. This can include that they do not want the responsibility of looking after someone else’s affairs, if this has caused family fighting or disagreements, or if the arrangement is no longer convenient for them due to work responsibilities or location.

Bear in mind that after appointing a power of attorney agent, they are free to resign from this position at any time, but they must notify you as the principal about this resignation. They should inform you in writing or in person. The agent should also inform you at the point in time at which the resignation takes effect. It is strongly recommended that they write a resignation letter so that there is clarity on both sides as to when the agent’s responsibilities end.

If certain documents have more than one agent listed, you will need to advise other agents about the resignation of the other person. Any financial institutions that your power of attorney agent was working with at the time of their resignation should also be informed about the updates in this plan. For more information about how to choose a new power of attorney agent once a present one has resigned, schedule a consultation with an estate planning lawyer.

Need help? Contact our NJ estate planning law offices today for help.