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Power of Attorney
Can I get a new DPOA to override my sister's authority?

Can I get a new DPOA to override my sister's authority?

Full question:

My mom passed away a few years ago and my siblings selected me to handle our father's finances. When my father went to live with my father, she received DPOA. Even though she has DPOA, I have still handled his finances.When my mom passed away, she left me and my sister as beneficiaries on her accounts. We were informed to distribute the money equally among the siblings. There are 7 of us and instead of listing all the siblings names, she trusted both of us to follow her wishes upon her death, However, when we got the money, my sister spent about half of the money that was meant to be distributed to the other siblings.I amy now concern because my father will be receiving a large sum of money and she will exercise her rights as his attorney-in-fact. The siblings and I do not want her to handle his finances. Can I get a separate DPOA that will override her rights. My dad is not incompetent and has trusted me to handle his finances. I need to do something as soon as possible.

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

Answer:

An agent with a durable power of attorney (DPOA) has a legal duty to act according to the terms of the document and in the best interests of the principal. If your father is competent, he can create a new DPOA that could revoke the previous one held by your sister. If he chooses you as his agent, this new DPOA would take precedence over the existing one.

If your father is not competent and there is no successor agent named in the existing DPOA, you might need to petition the court for guardianship or other legal relief. It's important to ensure that the agent acts impartially and does not favor their own interests over the interests of the beneficiaries.

If you suspect your sister has misused her authority, you can petition the probate court for an accounting of her actions. In cases of breach of fiduciary duty, the affected parties may seek legal recourse. The key elements for such a claim include the existence of a fiduciary relationship, a breach of duty, and resulting damages.

For further assistance, consider consulting with a legal professional to explore your options and ensure your father's best interests are protected.

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

When a sibling steals your inheritance?

If a sibling steals your inheritance, you may have legal options. First, gather evidence of the theft and any relevant documents. You can then consider filing a petition in probate court to seek an accounting of the estate and potentially recover the stolen funds. Depending on the situation, you might also pursue a claim for breach of fiduciary duty if your sibling was acting in a position of trust. Consulting with a legal professional can help you understand your rights and the best course of action.

What is the penalty for abuse of power of attorney after death?

Abuse of power of attorney after death can lead to serious legal consequences. If an agent misuses their authority, they may face civil liability for damages incurred by the estate or beneficiaries. In some cases, criminal charges may apply if fraud or theft is involved. The affected parties can also seek restitution through probate court. It is crucial to document any misuse and consult with an attorney to explore your options.

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

A legal power of attorney typically cannot make decisions regarding the principal's own medical care if the principal is incapacitated, create or revoke a will, or make decisions that are against the principal's expressed wishes. The agent must always act in the best interest of the principal and within the authority granted by the power of attorney document.

What is inheritance hijacking?

Inheritance hijacking refers to the illegal or unethical act of taking control of a deceased person's assets or estate, often through manipulation or deceit. This can involve coercing the deceased into changing their will or misusing a power of attorney to divert funds. Victims of inheritance hijacking can seek legal recourse through probate court to recover their rightful inheritance.

Can siblings contest power of attorney?

Yes, siblings can contest a power of attorney if they believe it was obtained through fraud, undue influence, or if the principal was not competent at the time it was executed. To contest, they may need to provide evidence supporting their claims. Consulting with an attorney can help navigate the legal process and determine the best approach.

What to do when your sibling steals your inheritance?

If your sibling steals your inheritance, first document all relevant information and gather evidence. You can then consult with a probate attorney to discuss your options, which may include filing a petition for an accounting in probate court or pursuing a claim for breach of fiduciary duty. Taking prompt action can help protect your rights and recover your inheritance.