Legal Question in Wills and Trusts in Florida

power of attorney

my dad appointed his grandson power of attorney unless he resigns then it is me what form do I use to show his resignation


Asked on 8/01/07, 4:09 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: power of attorney

I am not aware of any standard form for this. He would at least need to sign a dated writing before a notary public (and preferably two witnesses) that reference the specific power of attorney (name, date, etc.), stating that he permanently resigns as the attorney-in-fact under that POA, effective immediately (probably several originals, in case you need them). The key is to have something that will be accepted when you attempt to use the POA.

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Answered on 8/01/07, 5:33 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: power of attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is not a "standard form" for the renunciation of the right to serve as the attorney in fact under a power of attorney. You should have an attorney draft the instrument for you in order to ensure its validity and to avoid problems when grandson might not be able to say otherwise due to unavailability or otherwise.

Alternatively, if dad is able, he can simply issue a new Power of Attorney naming you as his attorney in fact.

Scott R. Jay, Esq.

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Answered on 8/04/07, 11:46 pm


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