A power of attorney, abbreviated as POA, is a legal document that gives an individual(s) power to take over another person’s life and well-being. The person in question or the one being looked after is the principal.
However, despite the high judicial power that a POA holds, it can still be revoked after it’s fully enacted. Check out this guide to know who can provoke POA and the reasons for overriding it.
Understanding Power of Attorney
Before diving right into the process of overriding POA, it will help to understand what the legal document does. Power of Attorney gives an individual the agent or attorney-in-fact power to control the principal’s decisions legally. The agent acts on behalf of the principal in various critical fields.
However, there are limits on what the agent can do, which depends on the type of power of attorney granted to them.
Types of Power of Attorney
There are two types of POA;
- Medical POA: The agent is given the authority to make decisions about the principal’s healthcare if they are not in a position to.
- Financial POA: The attorney-in-fact is granted the power to make financial decisions on behalf of the principal.
The two can further be classified into;
- Durable and non-durable POA
Durable POA applies where the principle is legally incapacitated, while non-durable POA is short-lived when the principal regains their sound mind.
- General and Limited
In general POA, the agent controls almost all aspects of the principal’s decisions. On the other hand, limited POA gives the agent power to control particular matters such as signing specific documents.
- Immediate and Springing
The immediate power of attorney goes into effect as soon as the involved parties sign the document. Comparatively, springing power of attorney remains pending until a given date when the principal is no longer competent.
Note that the principal has the right to override any of the types of POA whenever they feel like it. Nonetheless, suppose anyone else wishes to override POA, probably because they feel that the agent is neglecting or exploiting the principal. In such a case, they can take legal action to override a power of attorney.
How to Withdrawal Power of Attorney?
If you wish to withdraw POA from an attorney-in-fact, here are the steps to follow;
Talk to the Principal
The principal has the right to remove power of attorney from an agent, so if they are in physical and mental capacity to do so, let them.
Contact the Agent
If the principal cannot remove the POA, you can speak with the agent directly, asking them to step down. You can seek help from an attorney to help you draft the request. If the agent agrees, then the person named as the alternative agent takes over. If there are no alternatives, you may have to present a petition in court to find the most suitable candidate.
Take the Matter to Court
If the attorney-in-fact declines your request to step down, you may have to take the issue to court. The court will take action based on the evidence provided to show that the agent does not have the principal’s best interests at heart and the guardianship needs to be passed to another person.
Get a free power of attorney form from us to help with revocation where necessary in the future.