Best Lawyers Near Los Angeles

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.


estate administration attorney

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.


el monte estate administration attorney

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 interests by making decisions or performing activities that are not in their best interests.

The accusation is frequently that the agent abuses power conferred by the POA for personal benefit or other unfair purposes. The following are examples of authority abuse:

  • Taking advantage of the principal's assets

  • The principal's assets have been mismanaged

  • Failure to preserve proper records, which is a breach of fiduciary obligation

  • Ignoring the principal's requirements

  • Failure to carry out the POA's instructions

Authority abuse can take many forms. So before deciding to contest a POA, contact a prescreened El Monte Estate Attorney to help you.

3. Technicalities

Because establishing powers of attorney in California is relatively simple, it is relatively uncommon for certain documents to be missing one or more of the formalities required to establish a binding POA.


Therefore, if the agreement fails to meet the following criteria, it may be challenged:

  • California law requires specific language

  • The principal's acts are authorized by specific language

  • Witnesses and signatures are required

  • Notarization

In most circumstances, powers of attorney are not subject to judicial or third-party monitoring. Thus, if the principal is incapable of overseeing the agent's actions, anyone with authority granted by a comprehensive written power of attorney agreement can easily abuse it.


estate administration attorney california

Bottom-line

When it comes to challenging any document in California (i.e., wills, conservatorships, and POAs), you'll need thorough preparation. After all, documents like this can be crucial to someone's life and wellbeing, so they're taken seriously.

When in need of someone to help you challenge legal documents, contact an El Monte Estate Planning Lawyer to help you out.

Find A California Estate Planning Lawyer In El Monte

Need an attorney to help you?

1000Attorneys.com is a Free Lawyer Referral Service that helps connect you with a California Estate Lawyer best fit to handle your legal concerns.

Contact us through our submission form or 24/7 live chat for a free case review.

11 views
Best Lawyers Near Los Angeles

California State Bar Certified Lawyer Referral And Information Service

1000Attorneys.com is a California State Bar Certified and approved Lawyer Referral and Information Service.

We provide unbiased and impartial lawyer referrals. This service isn't owned nor operated by lawyers receiving referrals.

 

Our objective is that you receive the best comprehensive, high-quality legal representation while holding California attorneys to the highest standards of professional conduct.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We conduct due diligence by researching and recommending the best local attorney for your case. 

 

Our team of experts verifies that attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here:

 

Our History 

 

Since 2005, we have assisted people who need legal representation but whose ability to locate reputable California Lawyers is frustrated by unreliable law firm marketing of self-promoting lawyers and biased legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client.