Can a Family Member Override a Power of Attorney? In general, a family member does not have the automatic authority to override a valid Power of Attorney. The power granted to the agent is legally binding, and their decisions must be respected as long as the document is still in effect and the agent is acting within the scope of their authority. However, there may be certain circumstances where family members may challenge the agent's decisions. In this article, we'll review some situations this may include.

The Power of Attorney Explained

A Power of Attorney is a legal document that allows a person (the principal) to appoint someone they trust (the agent or attorney-in-fact) to manage their affairs, make financial decisions, and handle legal matters on their behalf. The agent's powers can be broad or limited, depending on the principal's preferences, and can include managing finances, making healthcare decisions, and handling real estate transactions.

While a family member generally does not have the automatic authority to override a valid Power of Attorney, certain circumstances may arise where family members may question or challenge the agent's decisions. These situations may include:

Allegations of Abuse or Misuse

If there is evidence or suspicion of the agent misusing their authority, acting against the principal's best interests, or engaging in financial exploitation, concerned family members may seek legal intervention to protect the principal.

Incapacity or Revocation

If the principal becomes incapacitated or decides to revoke the Power of Attorney, the agent's authority automatically ends, and another family member or legal guardian may step in to manage the principal's affairs.

Contesting the Validity

Family members may contest the validity of the Power of Attorney if they believe it was executed under duress, coercion, or undue influence.

Seeking Legal Advice for Overriding a Power of Attorney

If a family member believes that the agent is not acting in the best interests of the principal or has concerns about the Power of Attorney's validity, seeking legal advice from an experienced elder law attorney is crucial. An attorney can review the situation, advise on the appropriate course of action, and help protect the rights and well-being of the principal.

In most cases, a family member cannot override a valid Power of Attorney. The appointed agent has the legal authority to act on behalf of the principal within the scope of the document. However, certain situations may warrant legal intervention to protect the principal's interests, such as allegations of abuse or misuse, incapacity, or revocation. If you have concerns about a Power of Attorney arrangement involving a family member, filing a claim and consulting with an experienced elder law attorney can provide the guidance and support you need.