Power of Attorney Disputes
A power of attorney is an important document for determining medical, property and financial decisions in the event of serious illness or disability. Unfortunately, power of attorney disputes are common and may require legal assistance to resolve. At Lucé Law, PC, our McKinney-based attorneys can find a resolution to an estate dispute through negotiation and probate litigation when necessary.
What Is Power of Attorney?
What Is a Power of Attorney Dispute?
If siblings or other family members are unhappy with the power of attorney appointment or feel the agent is not meeting their responsibilities, they can challenge the validity of the document. This is a power of attorney dispute. A power of attorney comes with specific obligations detailed in the document, and failure to abide by the terms can invalidate the appointment.
Factors That Affect Power of Attorney Disputes
At Lucé Law, PC our attorneys are experienced at handling power of attorney disputes. We take the time to understand the wishes of the principal, the powers laid out in the document and the claims of power of attorney misuse. We always aim to find an amicable resolution that avoids bitter disputes, but it may be necessary to proceed to litigation in some cases.
Some factors we consider in a dispute include whether the principal was in sound mind when they signed the document, whether a notary public was present during the signing, if money or assets have been transferred from the principal to the agent – and if the agent is exceeding their authority.
If you are concerned about the management of an estate, Lucé Law, PC can offer advice and assist with all estate disputes, including beneficiary designation disputes, real estate inheritance disputes and estate accounting.