Connors and Sullivan, Attorneys at Law, PLLC
For a complimentary consultation
212-235-1339 718-414-6209

Can you challenge a power of attorney document?

A power of attorney document allows an individual to name another individual as his or her agent. Should the individual executing the power of attorney document become unable to make his or her own decisions, the agent may legally make decisions for that individual. Depending on the scope of the contract, the agent may be able to make medical decisions, financial decisions and other important decisions on behalf of the individual named within the contract.

There are many benefits associated with executing powers of attorney contracts. However, handing this much power over an individual’s wellbeing to another individual is a sensitive subject. It is possible that an agent may abuse his or her power and ultimately fail to act within the named individual’s best interests. In such a situation, another concerned party may be able to challenge the power of attorney document with the help of an attorney experienced in such matters.

Depending on the circumstances surrounding the situation in question, a number of legal strategies may be used in order to challenge the power of attorney contract in court. If the agent is mentally incompetent, this may provide excellent grounds upon which to revoke his or her power.

Similarly, if the power of attorney document in question was not executed according to the formalities required by state law, the contract itself may be considered unenforceable. If so, a judge may grant authority over the individual affected by the contract to another concerned and competent individual. If you have questions about challenging a POA, please do not hesitate to speak with an attorney about the specifics of your situation.

Source: Findlaw Law & Daily Life, “3 Potential Ways to Challenge a Power of Attorney,” William Peacock, Oct. 20, 2014

No Comments

Leave a comment
Comment Information

Office Locations

Brooklyn:
Connors and Sullivan, Attorneys at Law, PLLC
7408 Fifth Avenue
Brooklyn, NY 11209

Phone: 718-414-6209
Fax: 718-238-2616
Brooklyn Law Office Map

Manhattan:
Connors and Sullivan, Attorneys at Law, PLLC
110 East 59th Street
New York, NY 10022

Ph: 212-737-2700
New York Law Office Map

Bayside Queens:
Connors and Sullivan, Attorneys at Law, PLLC
200-20 Northern Boulevard
Bayside, NY 11361

Ph: 718-225-7200      
Bayside Law Office Map

Middle Village Queens:
Connors and Sullivan, Attorneys at Law, PLLC
79-43 Metropolitan Avenue
Middle Village, NY 11379

Ph: 718-238-6500
Middle Village Law Office Map

Staten Island:
Connors and Sullivan, Attorneys at Law, PLLC
1250 Hylan Boulevard
Staten Island, NY 10305

Ph: 347-289-7758  
Staten Island Law Office Map

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Legal Leaders Presents Martindale-Hubbell | Top Rated Lawyers 2015 | Featuring AV Preeminent | Martindale-Hubbell Lawyer Rating NAELA | National Academy of Elder Law Attorneys, Inc. | Member | Leading the way in Special Needs and Elder Law