How Do I Resign as Agent Under a Power of Attorney?

Full Question:

I have been appointed statutory durable power of attorney by my mother. I have been acting as her agent for nearly a year now. She is under hospice care and requires 24 hour nurse care which is being paid for by her income and savings. The savings will run out soon forcing me to sell her home to pay for the care. As a result I am now between a rock and a hard place because the house deed is in the name of her trust and she named my Aunt co-trustee of that trust (I have to include my Aunt in all transactions according to my title company). I know that does't sound like a problem yet but the problem is my Aunt has been creating a nightmare for me as I try to sell her (my mom's) house and because my mom is afraid of losing her relationship with my Aunt she will not change any of her estate planning papers to give me the ability to act in her behalf. I want to resign from being the POA. The POA paperwork says my Aunt is next in line to be appointed should I resign so I am ready to let her have it all. This headache is not worth it. Is there a form or letter and/or proceedure for my state that I must follow to resign? Thank you for all your help and/or suggestions!
08/03/2011   |   Category: Power of Attorney   |   State: Texas   |   #25272

Answer:

An agent may refuse to act on behalf of the principal for any reason. If you are an agent, you can end the power of attorney by resigning in writing. The writing should be notarized, and a copy provided to the principal or their guardian/conservator, the successor agent, and any court that may be involved in the handling of the principal's affairs. It is suggested to file your resignation in your county's public records office to make it official.