Ways to Challenge a Power of Attorney
Do you think that you can file a legal claim because a power of attorney is not valid? Simply suspecting that a power of attorney is not accurate is not enough to invalid it. You need to have a lawyer to help you with the paperwork.
A Philadelphia ways to challenge a power of attorney lawyer is your advocate when you have questions about whether a power of attorney is accurate and should be viewed by the court as valid, empowering that agent to act. A ways to challenge a power of attorney lawyer in Philadelphia is there to assist you with all aspects of your case. A Philadelphia ways to challenge a power of attorney lawyer is a person who can assess the specifics of your individual case. With so much power afforded by a power of attorney, the agent has a responsibility to act in the principal's best interests. Unfortunately, this does not always happen, and you may be eligible to pursue a challenge over the power of attorney in court.
One of the most common reasons to challenge a power of attorney is that the principal is mentally incompetent. If you need to override the principal's decision, you must show the court a good reason for it, including psychiatric issues or dementia. This can often involve a battle of the experts such as mental health professionals and doctors are doing whether or not the principal is incompetent. Another reason to challenge a power of attorney is whether or not formalities were followed. Formalities vary from one state to another but are necessary in order to have a binding power of attorney, including notarization requirements, signature witness requirements, and specific language required by state law. Another reason to challenge a power of attorney is abusive authority carried out by the agent. Perhaps the power of attorney itself is a legally valid document and all state requirements were met. However, a power of attorney can still be invalidated if the agent is abusing her or his authority.
Examples of power of attorney agent abuse include mismanaging assets, stealing from the principal's assets, or neglecting the principal's needs entirely. You can expect that this will turn into a very complicated legal battle and is best handled by someone who is very familiar with the types of abuses that will show the court that the power of attorney needs to be invalidated. A knowledgeable attorney can make a significant difference in your ability to challenge an existing POA document.
An attorney will be prepared to consult with all experts that can present your version of the facts and can show how someone else might have violated the existing expectations of serving in the role of power of attorney agent. The power of attorney agent has ample power and authority provided under this document, but when he or she abuses it or when the power of attorney document was not accurate from the beginning, this can be used to invalidate the power of attorney and to give you further peace of mind about who is protecting the best interests of the underlying principal. If you find yourself in this complicated situation, you deserve to have the support and experience provided by an attorney who has been there in terms of invalidating previous POA documents and identifying whether or not the strength of the case already exists in order to empower you with the grounds to convince the court that an abuse or mistake has already been made. Gathering your evidence and presenting it to an attorney is essential.