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Who can override power of attorney?

On Behalf of | Feb 8, 2020 | civil litigation

With a power of attorney, it is easy for you to perform legal tasks like approving specific medical treatments and selling properties on behalf of your loved one. The relative who will give you a power of attorney is the principal and will always have the ability to invoke it at any time.

But, if the principal is unable to communicate or is mentally incompetent, you can challenge the power of attorney if you feel your loved one or their property is getting misused.

If you need to challenge a power of attorney, ensure that you start with thoroughly examining the form and the state laws. It is the best way to challenge the validity of the documents. Find out whether all the rules got followed in the signing of the documents. If the rules got bent in any way, you would have an opening to challenge the ability of the principal to sign such documents.

You should also investigate the agent and find out whether they get more benefits from the signing than they should have. According to the law, the agent should only get their fee and not any other benefits, even incidental ones.

They must always have the affairs of the principal at heart. They need to provide you with evidence of their financial transactions — also subpoena witnesses who attended the signing and those who may provide valuable evidence for your case.

Depending on the evidence you have provided and the content of your petition, the court may award you a power of attorney or get an equally competent person in the family to have it.