December 21, 2011,
B.H. asks from Olathe, KS on October 23, 2008
Question About Overriding a Power of Attorney
Does anyone know if an immediate family member can override a power of attorney in the case that the appointed POA has not fullfilled the duties.
M.B. answers from St. Louis on October 24, 2008
POAs can be drawn up for different reasons. I'd look at findlaw.com to learn more about it. You can also see whether UMKC law school or KU law school has a clinic where supervised law students work on these type of issues for the community.
Any type of contract can be challenged, you just need to know what you'd be getting into before you know whether it would be worth it.
Best of luck!
1 mom found this helpful
M.O. answers from Kansas City on March 13, 2009
power of attorney with in the family ...usually you can talk to the family member s to solve it maybe....i dont know what poa is. but to revoke a power of attorney.. i would call the court house and ask them what you need to do to get this done they can t give you legal advise but they can tell what you need to do to get that done.
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A.H. answers from Springfield on October 24, 2008
Your best bet is to get a free consultation with an attorney that deals with that type of matter to find out for sure as none of us our attorneys. However, I will say this..never say never. You might be able to get the POA overturned should you have proof to bring in front of the court that would give the court good reason to overturn the POA. Meet with an attorney as I mentioned above to see if you have a case....as laws can also vary state to state.
L.B. answers from St. Joseph on October 24, 2008
You might have a case but I would think you would have a pretty big uphill battle. The burden of proof will lie with you and any other witnesses you have to show that duty was not performed. If you are looking to overturn a POA you will definitely need a lawyer... Good luck.
M.K. answers from Sacramento on December 21, 2011
A short "Durable Power of Attorney" (for health care decisions) can be signed (or affirmed vocally, or by gesture) in the presence of any witnesses needed, and then stamped by a Notary Public, legally making the person named on the document your immediate DPOA, and revoking any prior DPOA ... as long as you are deemed of "sound mind". I believe it is nearly as easy to switch General Power of Attorney (everything; finances, business, etc). As long as you are deemed of sound mind, and able to communicate, you can change these easily, and at will.
However, if your family member is not deemed of sound mind, or cannot communicate, then it won't be as easy. You will want a Lawyer, proof of the current DPA not fulfilling their duties, or testimony of qualified others to that effect. Contact a Lawyer through State legal services, or a Lawyer you trust and who will help you so you get it done right. So, the answer is yes ... absolutey!
J.C. answers from St. Louis on October 24, 2008
My parents had POA over my exboyfriend's son & anybody could have challenged it at anytime, especially if they thought the child was not properly taken care of. You just have to have substantiated complaints for the courts to take it into serious consideration.
R.M. answers from Topeka on October 24, 2008
I think it really depends upon why the power of attorney was set up in the first place...and how it was written. This is a question for an attorney...if you live near a Law School...see if their on campus law office that is run by the students would be willing to look at it and answer your question. If the person who is the subject of the power of attorney has their own attorney ( for instance..if it is POA over an elderly relative...does the relative have their own personal attorney)then that would be the person to contact. IF it is an elderly person who you feel is not being taken care of properly...there should be an advocate organization for the elderly ( the one locally here in my town is Jayhawk Area Agency on Aging) that would be more than happy to give you advice, or look into the situation. If all else fails....contact your congressman...if you feel that someone is being abused or endangered because of the situation.
M.V. answers from Kansas City on October 24, 2008
If the person is able to make decisions for themselves and say that they want the DPOA then there is nothing that can be done. If the person is not able to make decisions then there is a long court process in which you have to go through. I think talking to a lawyer is you best bet.