How To Contest A Power of Attorney In El Monte, California

Do You Have Grounds To Challenge A Power Of Attorney In California?

In the wrong hands, a power of attorney can be easily exploited, especially if the authorizing document allows access to the principal's money and other assets. In other circumstances, a power of attorney is simply not fulfilling its obligations under the POA agreement.

That said, it is possible to challenge a Power of Attorney. In this post, we'll talk about how it can be contested, as often handled by El Monte Estate Lawyers in California.

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While you can make your own decisions, it is critical to obtain powers of attorney before you aren't able to do so. You should choose someone you can fully trust to understand and carry out your needs. Typically, this is a spouse, adult child, close friend, or business partner, but it could also be a trust, corporation, or government agency.

A principal in a power of attorney arrangement can change the agreement at any moment by submitting paperwork to the court. For example, if the principal is disabled, as is frequently the case, an interested third party might petition the court to have a power of attorney revoked.

This, however, necessitates presenting proof to the court that invalidating the POA is in the best interests of the primary. The agent must be notified, and they will be allowed to defend their actions.

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Reasons For Challenging A Power Of Attorney

That said, you can't just contest a Power of Attorney without a valid reason. Here are three reasons why people challenge POAs:

1. Undue Influence

This claim states that the agent gained power of attorney by deceiving the principal into acting against their own best interests.

Undue influence is defined as a circumstance in which someone in a position of power abuses another person, such as through persuasion, threats, or coercion.

For example, if you or a loved one has been coerced or defrauded into signing a POA, you should consult with an El Monte Estate Planning Lawyer immediately.

2. Authority Abuse

This alleges that the agent acts in the principal's best interes