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Power of Attorney
What can I do about my dad's power of attorney and mental capacity?

What can I do about my dad's power of attorney and mental capacity?

Full question:

My dad is 81 years old. I found out just 11/30/09 that he has appointed a non-family member as his Power of Att'y in the state of Georgia. My dad had some mental issues over Thanksgiving Holiday, I called his friend to see if he had knowledge of the mental condition that my dad was having...His friend still has not return my call. Later, I found out that he was my dads Power of Att'y... when I call dads family doctor to get my dad scheduled for a exam.

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

Answer:

A power of attorney (POA) is a legal document that allows one person to act on behalf of another. It remains valid until it is revoked or the principal (the person who grants the power) dies. To create a valid POA, the principal must be mentally competent when signing the document. The POA can be revoked by the principal at any time, as long as they have the mental capacity to do so.

If you believe your father lacks mental capacity, you should consult a qualified physician for an assessment. If the doctor finds that your father has mental or psychological issues, you may petition the local court to become a conservator and seek to revoke the existing power of attorney. A POA signed when the principal lacks mental capacity may be declared void. Similarly, if it was signed under duress or undue influence, it could also be voided by the court.

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

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 powers to the agent; 2) Limited Power of Attorney, which restricts the agent's authority to specific tasks; 3) Durable Power of Attorney, which remains effective even if the principal becomes incapacitated; and 4) Medical Power of Attorney, which allows the agent to make healthcare decisions on behalf of the principal. Each type serves different purposes and should be chosen based on the principal's needs.

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 lack mental capacity; 2) decisions that require the principal's consent, such as marriage or divorce; and 3) decisions that are illegal or contrary to public policy. The authority of a power of attorney is limited to the powers granted in the document.

Can you sue someone for power of attorney?

Yes, you can sue someone for misuse of power of attorney if they act outside the authority granted to them or if they engage in fraud or self-dealing. The principal or their heirs may take legal action to hold the agent accountable for any damages caused by their improper actions. It's important to gather evidence of the misconduct before proceeding with a lawsuit.

What is an example of abuse of a power of attorney?

An example of abuse of power of attorney is when the agent uses the principal's funds for personal expenses without the principal's consent. For instance, if an agent withdraws money from the principal's account to pay for their own bills or makes unauthorized investments, this constitutes abuse. Such actions can lead to legal consequences for the agent.

Does power of attorney override a parent?

A power of attorney does not override a parent's authority unless specified in the document. If a parent grants someone power of attorney, that individual can make decisions on behalf of the parent within the scope of the authority granted. However, the parent retains the right to make their own decisions unless they are deemed incapacitated.