A power of attorney enables someone to perform legal acts, like consenting to medical procedures or selling real estate, on the behalf of someone else. Because the person granting the power of attorney, called the principal, is authorized to revoke it any time they wish if they are mentally competent and can communicate that. power of attorney is usually questioned by a 3rd party when the principal isn’t competent and isn’t able to revoke it.
Step 1
Review the power of attorney consent form as opposed to state law to find a basis to challenge its legitimacy. Even though state laws differ, in every state, the principal is required to sign the power of attorney. Another person is required to also verify the principal’s signature. In many states, the principal is required to sign in front of a notary public, who is required to attach a seal to the document. Other states want 2 witnesses present, who need to also sign the papers. Many states, like Pennsylvania and New York, demand the document to have irrefutable legal language.
Step 2
Determine any violation that you think the agent has engaged in. The agent is required to act exactly in the best interests of the principal and, in a lot of states, cannot profit even accidentally from the capability of their duties except for an acceptable fee permitted by the principal. They’ll need to also deal with the principal’s matters with sensible care.
Step 3
File a request with the department of the state district court that has jurisdiction over the principal’s residence, pursuing judicial revocation of the power of attorney and claiming your grounds for wanting revocation like abuse of authority by the agent or failure to have documents notarized. As an option, you can look for a meeting as the legal guardian of the principal, so the agent can’t perform any acts on the principal’s behalf without your permission.
Step 4
Present a discovery petition to the agent’s lawyer and any other involved party, seeking documented evidence that supports your reasons for revocation. You may, as an example, ask a hospital for copies of the principal’s medical records or ask the agent to present records of financial transactions associated with the principal’s property. When the party receiving the discovery request doesn’t want to cooperate, you can ask the court to release an order to relinquish the records you are looking for.
Step 5
Subpoena witnesses that can provide commending testimony — a dentist, for example, or a bank officer.
Step 6
Present your case at the hearing. If you win, dependent on the composition of your petition, the court will issue an order appointing you as the principal’s guardian or revoking the power of attorney.
Sources:
- Carnes, David. “How to Contest a Power of Attorney.” LegalZoom Legal Info, 18 July 2016, https://info.legalzoom.com/contest-power-attorney-20306.html.
