A Power of Attorney (POA) grants an appointed agent the authority to act on behalf of the principal, covering financial, legal, or healthcare decisions. While POAs are potent tools for estate planning, there are cases where overriding the authority of the agent becomes necessary. Such instances might arise due to the agent’s incompetence, misconduct, or changing circumstances of the principal, such as a significant decline in health or a change in financial situation. Understanding the legal framework for overriding a POA is not just important but essential in these situations.
At ALTA Estate, led by our experienced estate planner, Mark Fishbein, we offer guidance on creating POAs tailored to your needs. Mark’s expertise ensures that your POA is legally sound and reflects your wishes. Our team assists clients where a POA needs to be revoked, amended, or contested, ensuring that your or your loved one’s wishes are protected.
Legal Grounds for Overriding a POA
There must be legal grounds to override a Power of Attorney, such as the principal’s incompetency when the POA was created or evidence of undue influence or fraud by the agent. If a principal was not mentally capable of making informed decisions when the POA was executed, the court may invalidate it. Similarly, if the agent exploits their authority for personal gain, the POA may be contested.
Family Members’ Role in Challenging a POA
Family members, particularly immediate relatives, have a significant role in challenging a POA. This might occur if they believe the agent fails to act in the principal’s best interests. In these cases, the family can and should petition the court to investigate the agent’s actions and potentially revoke or modify the POA.
We understand how emotional these situations can be, so Mark Fishbein and our team at ALTA Estate are dedicated to supporting families through this complex process. We provide the necessary support to outside counsel and their effort to present a strong case, guiding them through the legal procedures to protect their loved one’s estate and well-being, thereby reducing the stress and uncertainty they may feel.
Court Intervention and Guardianship
Sometimes, the court may step in to revoke a POA and appoint a guardian or conservator to manage the principal’s affairs. This typically happens when the court determines that the principal can no longer make decisions for themselves, and the agent is not fulfilling their duties appropriately.
ALTA Estate assists clients in filing for guardianship when necessary, offering legal expertise to ensure the process runs smoothly. Mark Fishbein provides guidance in presenting the case to the court, demonstrating that guardianship is the most appropriate action to safeguard the principal’s interests.
Medical Concerns and Healthcare Decisions
Medical professionals can override healthcare POAs if they believe the agent’s decisions are not in the principal’s best interests. This is particularly relevant when the agent’s choices conflict with the principal’s healthcare needs or medical advice.
Mark Fishbein at ALTA Estate works closely with medical professionals to ensure that the principal’s healthcare decisions align with their wishes and best interests, especially in complex or sensitive medical situations.
Revoking Power by the Principal
A principal retains the right to revoke or amend a POA as long as they are mentally competent. This requires executing a formal revocation document and notifying relevant parties, including the agent, financial institutions, and healthcare providers, to ensure the changes are legally recognized.
Our team at ALTA Estate assists clients in revoking or amending POAs to reflect their updated wishes, ensuring all legal steps are followed to avoid potential disputes. It’s important to note that revoking a POA can have significant legal and financial implications, and we guide our clients through these potential consequences.
Preventative Measures and Best Practices
Preventing disputes over a POA starts with drafting comprehensive documents and choosing the right agent. At ALTA Estate, we help clients create POAs that minimize the risk of future conflicts by clearly stating all responsibilities. Regular updates to the POA ensure that the document remains relevant to the principal’s current situation.
Contact ALTA Estate to Get Started
Overriding a Power of Attorney may be necessary when the principal’s well-being is at risk, or the agent is not fulfilling their duties. Whether you are a family member concerned about an agent’s conduct, or a principal seeking to revoke or modify your POA, remember that seeking professional legal guidance is not just crucial, but it also empowers you with the knowledge and guidance you need.
ALTA Estate, led by Mark Fishbein, is committed to offering expert estate planning and legal services. From creating POAs that reflect your wishes to handling disputes and revocations, we provide the support you need to protect your interests.
The text above is for general informational purposes and should not be considered legal advice. For more information, click Contact Us. Follow Mark Fishbein Tucson Asset Protection Planner, on LinkedIn or Facebook. Estate Planners Tucson and Tucson Family Trusts.