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
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.
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.
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.
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.
B.S. answers from Kansas City on October 23, 2008
I don't think so. I think a POA is pretty set in stone.