When used properly, a durable power of attorney is a valuable tool as part of an estate plan. A power of attorney is a document that allows someone, known as the principal, to appoint an agent to act on his or her behalf. The agent is able to do anything that the principal can do—including access and manage financial accounts. Unfortunately, power of attorney abuse is sometimes apparent. When it is, it is important to consult with an attorney for assistance.
Five Ways an Attorney Can Help You Deal With Power of Attorney Abuse:
Durable powers of attorney are not typically the subject of court oversight. However, more aggressive action may need to be taken if you suspect power of attorney abuse. An attorney can help you in this situation in the following ways:
- First of all, help you to revoke the power of attorney, if your loved one still has the mental capacity to make decisions.
- Help you pursue court involvement to require the agent to provide an accounting of how the principal’s money is being spent.
- Furthermore, help you pursue court involvement by suing the agent in order to un-do transactions.
- Additionally, help you pursue court involvement by suing the agent for stealing the principal’s money or assets.
- Lastly, help you request assistance from the court to declare the principal incapacitated. They can also help you appoint a guardian or conservator to make decisions on the principal’s behalf. You can also ask the court to oversee the agent’s actions on behalf of the principal.
When you are ready to take the next steps, we are here for you. We have helped many clients protect their legal rights, and we encourage you to read their testimonials on our client testimonials page to learn more. Feel free to contact us via our quick and easy online form as well. It would be our pleasure to further assist you.
Power of Attorney (noun):
A legal document giving the authority for another person to act in specified or all legal or financial matters.
- Court Intervention When a Loved One Is Incapacitated
- How Capacity Is Determined
- Evidence of Mental Incompetence
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