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