Estate Lawyer Folsom
Can a Power of Attorney Be Successfully Challenged?
A power of attorney for either financial and/or medical decisions is a consequential legal tool. If properly drafted and deemed ultimately enforceable, a power of attorney designation grants an individual legal authority to act as an agent on behalf of another who is either incapacitated or otherwise legally incapable of making decisions on their own. It is important to take great care when making a power of attorney designation because if this designation authority is ever required, the agent’s decision-making power will be enforceable in court.
With that said, there are times when a power of attorney designation may be successfully challenged. Anyone seeking to challenge a power of attorney’s authority may benefit from speaking with an experienced estate lawyer in Folsom from Yee Law Group. Each state handles power of attorney challenges in somewhat different ways. As a result, it is important to speak with an estate lawyer in Folsom who practices in the state that is relevant to your specific situation.
Challenging a Power of Attorney
When an individual serves as a power of attorney agent on behalf of another, that individual is charged with a legal duty to act in the best interests of the other. Practically speaking, this means that if a power of attorney agent takes advantage of the “principal” individual (who has been incapacitated or is otherwise legally prevented from making certain decisions on their own) or otherwise fails to act in the principal’s best interests, that agent’s legal authority could potentially be successfully challenged.
It is also possible to challenge the legal enforceability of a power of attorney designation if the agent was named by the principal when the principal was under duress, being coerced or was otherwise prevented from making a legally binding contractual decision of this nature. If this situation may apply to you or a loved one, please consider speaking with an attorney about challenging existing power of attorney documentation.
If you have named a power of attorney and remain legally capable of doing so, you may work with an estate lawyer in Folsom to revoke this designation. This process is generally far simpler and more straightforward than revoking authority already granted to an agent currently exercising his or her position. In general, you may revoke a designation for any reason if a named agent is not already acting on your behalf and you remain legally competent in the eyes of the court.
Legal Guidance Is Available
If you have questions about power of attorney documentation generally or challenging power of attorney designations specifically, please consider connecting with our firm at your earliest possible convenience. Once we learn more about your situation, we will be able to advise you of your legal options and lend both guidance and support to any legal actions you may be eligible to pursue. It is important to note that speaking with an estate lawyer in Folsom from Yee Law Group does not commit you to taking legal action. So even if you simply want to clarify your situation, our firm is here to help. We look forward to speaking with you.