Does something seem suspicious about the use of a power of attorney (POA) that is supposed to protect a loved one? Unfortunately, misusing the authority these documents grant happens more than you might imagine.
If you are concerned that power of attorney abuse or misuse has compromised your family member’s decisions and finances, you may have grounds to raise a challenge in California.
Breach of fiduciary duty
One reason to contest a POA is if the agent (the person with powers) breaches their fiduciary duty. Examples include actions such as mismanaging assets, self-dealing or failing to act in the best interest of the principal (the creator of the POA). If the agent is found to be acting against the principal’s interests, the POA can be challenged.
Abuse of authority by the agent
If the agent is abusing their authority, such as by stealing assets or making unauthorized transactions, the POA can be contested. This type of abuse can have serious financial consequences for the principal and their family members. Addressing any abuse of authority promptly helps safeguard your loved one’s interests and facilitate the proper management of their affairs.
Health care POA misuse
While misuse often involves financial POAs, it can also impact health care POAs, sometimes with dire consequences. Misuse can occur when an agent makes unauthorized or harmful medical decisions, disregarding the principal’s wishes. The damaging effects of abusing or misusing a health care POA can lead to significant emotional and physical harm to the principal.
The well-being of your loved one is probably your top concern. Having experienced legal guidance can help you determine how best to move forward on their behalf.