Agent wants to revoke Durable Power of Attorney
My elderly uncle listed me as his ”agent” on a Durable Power Of Attorney without asking my permission. I do not wish to fulfill this duty. What do I need to do to make sure I am not required to act on his behalf???
Re: Agent wants to revoke Durable Power of Attorney
You do not need to do anything unless you agreed in writing to be his agent. Missouri law does not require you to act as a power of attorney regardless of who appoints you.
Section 404.705 (4)
A person who is appointed an attorney in fact under a durable power of attorney has no duty to exercise the authority conferred in the power of attorney, whether or not the principal has become disabled or incapacitated, is missing or is held in a foreign country, unless the attorney in fact has agreed expressly in writing to act for the principal in such circumstances. An agreement to act on behalf of the principal is enforceable against the attorney in fact as a fiduciary without regard to whether there is any consideration to support a contractual obligation to do so…
Amy Hutchens
Hutchens Law Firm
PO BOX 8534
Shawnee Mission, KS 64118