Who Can Override a Power of Attorney?
Being designated power of attorney by a relative is an important duty, to be carried out on a trustworthy and honest fashion. The position allows you to make decisions on the person’s behalf should they be unable to themselves due to being incapacitated, old age, or health issues.
There are usually two types of power of attorneys. A financial power of attorney has the authority to make financial decisions on the designator’s behalf. A medical power of attorney, on the other hand, can make decisions on medical and healthcare if the designator is unable to do so. If questions do arise about the person who has been designated, there may be steps a family can take to override the designation.
First, the person who designates the power of attorney can override their decision at any time, for any reason. Aside from that, there may be situations where family members feel like the power of attorney is exploiting the designator or abusing their position.
A power of attorney is legally bound to act in an ethical matter in regard to the person who designated them as such, and act in their best interests. If this is not the case, there is legal action that can be taken. It should be noted that the power of attorney is not able to change wills, make decisions on a person’s estate after they die (unless they’re also the executor of a will), or transfer their duties to another person.
Overriding a Power of Attorney
Moving forward with overriding a power of attorney is not to be taken lightly. In fact, it’s a situation that calls for consulting with an experienced estate planning attorney at The Mattar Firm, as it can be complicated, and require close reading of associated documents, to determine if the responsibilities bestowed on the power of attorney are being carried out correctly. Should you wish to move forward, there are several steps you can take.
First, you can consult the designator of the power of attorney, if they are able to do so, and explain your concerns. As mentioned above, if they agree with your concerns, and wish to do so, they can.
If that’s not an option, you can approach the power of attorney through your attorney, and ask that they step down from the position. If the person designated as power of attorney refuses to relinquish the duties, the role then goes to an alternate power of attorney, named in the documents. If there is no alternate named, then application must be made to the court for a guardian or conservator to handle power of attorney duties.
If things do go to court, it may be possible to have your attorney petition the court to revoke the power of attorney and transfer it to someone else, while the case is being heard. There are several things you will be asked to prove in a court case.
First, you will need to convince a judge that the current person with power of attorney needs to be removed. Second, you will need to prove that the person who designated the power of attorney in question is not mentally capable of making a decision on removing them due to mental incapacity.
Again, an experienced estate planning attorney at The Mattar Firm will be vital here, as they can assist you in making the case before a judge. An estate planning attorney can also work with experts to determine a person’s mental capacity, and be a support during a trying time for families. End of life decisions can be difficult enough without the added stress of a power of attorney who is not acting in good faith.
Contact The Mattar Firm
At The Mattar Firm, our experienced estate planning attorneys can help with your power of attorney needs. Contact our estate planning attorneys now at 239-222-2222.