A power of attorney (POA) can be very helpful for people who need someone they trust to handle their personal, medical, or financial matters. But sometimes things go wrong. What if you think someone is abusing their power of attorney? Can anyone take it away from them? Let’s look at who can override a power of attorney, how it works, and what steps you can take if you need to remove someone from this role.
How Does a Power of Attorney Work?
A power of attorney is a legal document. It gives another person, called the “agent” or “attorney-in-fact,” the right to make decisions for someone else, called the “principal.”
There are different types of POAs. Some deal with money, others deal with health care decisions, and some cover almost everything. In Wilmington and throughout North Carolina, the most common types include:
- General (Financial) Power of Attorney: Lets someone take care of money, property, and business matters.
- Health Care Power of Attorney: Allows someone to make medical decisions if the principal cannot speak for themselves.
- Durable Power of Attorney: Stays in effect even if the principal becomes mentally incapacitated.
- Springing Power of Attorney: Only starts working if a doctor says the principal is no longer able to manage their affairs.
A POA can be very powerful. That’s why it’s so important to pick an agent who is trustworthy, honest, and responsible.
Who Is Authorized to Revoke a Power of Attorney?
The principal, or the person who created the power of attorney, has the full right to revoke it at any time — as long as they are mentally able to do so.
If the principal is still of sound mind, they can simply sign a revocation form, tell the agent, and tell anyone else who might be relying on the POA (like banks or doctors) that it is no longer in effect.
But what happens if the principal can’t make decisions anymore? In those cases, the courts usually get involved. Family members, close friends, or anyone who cares about the principal’s well-being may ask the court to step in and cancel the POA if they believe the agent is abusing their authority or not acting in the principal’s best interests.
How Do You Take Power of Attorney Away From Someone?
Taking away a power of attorney isn’t always easy. If the principal is still mentally capable, it can be as simple as filling out paperwork. But if the principal is no longer able to think clearly, like after a stroke or because of dementia, it gets more complicated.
Here are the basic steps:
- Look for signs of misconduct: Things like unexplained bank withdrawals, missing property, or changes to wills and deeds can be warning signs of abuse.
- Talk to the principal: If possible, talk to the principal and ask if they want to revoke the POA.
- Get medical proof: A doctor’s statement showing that the principal cannot make informed decisions is usually needed.
- Go to court: File a petition asking the court to review the agent’s actions. The court can revoke the POA and even appoint a guardian or conservator to manage the principal’s affairs.
In Wilmington, NC, courts take these matters seriously. If you believe someone is abusing their power of attorney, it’s important to act quickly to protect your loved one.
Common Reasons to Override a Power of Attorney
There are many reasons why someone might want to override or cancel a power of attorney:
- Financial Abuse: The agent is stealing or misusing money.
- Neglect: The agent is not handling the principal’s medical care, bills, or living needs properly.
- Conflict of Interest: The agent is making decisions that benefit themselves instead of the principal.
- Principal’s Wishes: The principal has changed their mind about who they want as their agent.
In every case, the goal should always be to protect the principal and honor their original wishes.
Can Family Members Override a Power of Attorney?
Family members don’t automatically have the right to override a power of attorney just because they are related. Even a spouse or child can’t just cancel a POA if they don’t like how things are being handled.
To override a POA, family members usually have to go to court and show strong evidence that the agent is doing something wrong, or that the principal is being harmed. The court will look at medical records, financial documents, and other facts before making a decision.
Sometimes, if the court finds that the agent is acting badly, it may remove them and appoint someone else to help manage the principal’s life.
What Happens After a Power of Attorney Is Revoked?
Once a power of attorney is revoked, the former agent loses all rights to act on behalf of the principal. If needed, a court may step in to name a guardian or conservator to manage the principal’s affairs moving forward.
Guardianships and conservatorships are court-supervised, which means the person appointed must report regularly to the court about the principal’s well-being, financial matters, and important decisions. This process adds a layer of protection against future abuse.
Why Having a Lawyer Can Help
Going through a situation where you suspect abuse of a power of attorney can be scary and stressful. You may not know the legal steps you need to take or how to gather the right evidence. A lawyer who understands estate planning, elder law, and guardianships can guide you through the process and represent you in court if needed.
An experienced lawyer can also help you create a new power of attorney or a guardianship plan that better protects your loved one in the future.
If you have concerns about someone abusing a power of attorney in Wilmington, don’t wait. Protecting the people you care about is too important to put off.
Call Salines-Mondello Law Firm Today
If you believe someone is misusing a power of attorney, or if you need help setting up or revoking a POA, Salines-Mondello Law Firm is here to help. Our team works with families throughout Wilmington and nearby areas to protect loved ones from financial abuse, neglect, and unfair treatment. We can walk you through your options and stand by your side every step of the way.
Call us today at (910) 777-5734 for a consultation and find out how we can help protect your loved ones.