In general, the director (whoever created the power of attorney or POA) can always annul the legal document. The principal can always revoke a power of attorney, although other people may prevent an agent from abusing his responsibilities. Emily Crowley is a staff writer at Legal Templates. Her experience in non-profit organizations motivates her to improve access to legal advice in underserved groups, especially with regard to wishes and assets by the end of life. The law requires that an agent with a power of attorney act for the benefit of the director.
If the director believes that the agent is acting in his own interest, he can cancel a POA, if he is in his right mind. However, if the director is not in his right mind, other family members may express concern that the agent is abusing their rights and responsibilities by neglecting or exploiting their loved one. In this case, stakeholders other than the director can take legal action. Evidence must be provided to show that the agent is taking advantage of the director.
A nascent power of attorney only occurs when triggered by a specific medical event or condition (such as incapacitation). A power of attorney allows a person (the director) to appoint a trusted person (the agent) to act on their behalf if they are unable to do so on their own, usually due to old age or deteriorating health. Even with a power of attorney (if something changes and you are no longer comfortable giving up certain rights or assets for any reason), you can revoke the agent's authority at any time. An attorney can also work with professionals to establish the principal's mental competence and serve as reliable support in what can be a difficult experience for families.
A durable power of attorney (DPOA) means that your agent's authority to act on your behalf continues in the event of incapacity (for example, when you fall into a coma or have a serious mental disability). In addition, consider reviewing and updating other legal and financial issues to suit your current preferences and, if you have specific questions or concerns, seek legal advice from an attorney who specializes in matters related to estate planning and powers of attorney. The general power of attorney ceases to be in effect when the principal becomes incapacitated, revokes a power of attorney or dies. Having a power of attorney means that you give another person the ability to make decisions in their best interest if you can't make them yourself.
Who is legally empowered to rescind a POA depends on the type of POA in question and the reason for the request for termination. It will be necessary to read the power of attorney document carefully to determine if all responsibilities were fulfilled to the letter. A power of attorney allows a person (the director) to appoint a trusted person (the agent) to take action on their behalf when they are unable to do so on their own, usually due to old age or deteriorating health. Your lawyer can ask the court to override a power of attorney and transfer guardianship or conservatorship to another person while the case is ongoing.
Seek legal advice if you have questions or concerns about issues related to estate planning and powers of attorney. If you have a power of attorney, it's essential that you keep the contact information of the person who owns the document up to date. Usually, when planning an estate, it is assumed that the power of attorney on the list is durable, since it is planned for a time when you can't make a decision on your own and you need the help of other people.
