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Power of Attorney
Can an agent's decision override a principal's wishes in a power of attorney?

Can an agent's decision override a principal's wishes in a power of attorney?

Q: Which type of power of attorney is used when the principal needs to perform a specific action quizlet?

A Limited Power of Attorney is used when the principal needs to authorize the agent to perform specific actions or make decisions on their behalf. This type of POA clearly defines the scope of authority granted to the agent.

Q: What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding: 1) the principal's own personal decisions if they are incapacitated, unless specified; 2) altering the principal's will; and 3) decisions that violate the principal's wishes or best interests, as agents must adhere to fiduciary duties.

Q: What is a durable power of attorney quizlet?

A Durable Power of Attorney is a type of POA that remains in effect even if the principal becomes incapacitated. This allows the agent to continue making decisions on behalf of the principal, ensuring that their affairs are managed according to their wishes.

Full question:

Is there any kind of power of attorney under which if the principal's wishes conflict with those of the agent, the AGENT's decision will govern? If so, can that type of POA be ended by the principal or by a court?

Category: Power of Attorney
Date: 04/07/2025
State: California

Answer:

The agent designated in a power of attorney (POA) has a fiduciary duty to act in the principal's best interest and must follow their instructions. If an agent disobeys the principal's directions, they typically need court approval to do so. Fiduciaries, like agents, are required to maintain loyalty and avoid conflicts of interest, ensuring they do not profit from their position without explicit permission in the POA.

A principal can revoke a power of attorney at any time by signing a revocation document and notifying any relevant parties. According to California statutes, various individuals, including the principal and the agent, can petition the court regarding the status or termination of a power of attorney (Cal. Prob. Code § 4). The court can revoke an agent's authority if it finds that the agent has violated their fiduciary duties or if the principal lacks capacity (Cal. Prob. Code § 4541). Thus, while an agent's decision can govern in certain situations, it is bound by the principal's wishes unless the court intervenes.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a power of attorney override the principal?

No, a power of attorney (POA) cannot override the principal's wishes. The agent must act according to the principal's instructions and in their best interest. If the agent does not follow these instructions, they may need court approval to act otherwise. The principal retains the right to revoke the POA at any time.

What are the 4 types of power of attorney?

The four main types of power of attorney are: 1) General Power of Attorney, which grants broad authority to the agent; 2) Durable Power of Attorney, which remains effective even if the principal becomes incapacitated; 3) Limited Power of Attorney, which restricts the agent's authority to specific actions; and 4) Medical Power of Attorney, which allows the agent to make healthcare decisions on behalf of the principal.