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Can a power of attorney be contested?

Covington, GA |

My father fell on a gas heater and received 2nd & 3rd degree burns on the backs of his legs one month ago. Today he had a massive stroke and cannot speak or move his right side. I learned today at the hospital that his "friend" that had been helping him for the last month change his dressings is actually his fiancé. She informed me that she would be making all decisions regarding his care because she has a power of attorney for him. She said that this was done while he was in the burn unit. He was heavily medicated with pain meds while in the burn unit so would this power of attorney be any good? Thanks

Attorney Answers 4


  1. Yes it can be contested. Have her produce a copy of the document.


  2. You may need to file for an emergency guardianship if you want to manage his care.


  3. The POA is probably invalid for the reasons you mentioned above. I addition, the Power of Attorney must be a "Healthcare Power of Attorney" & must be signed & notarized. You can probably contest it. If you want to talk, please feel free to email me @ sam (at) samlevine.com or call me @ (404) 468-4689. Thx so much 7 I am very sorry about your father. I went through something a little similar when I was younger.

    Sam Levine, Esq.
    Attorney at Law


  4. A great deal more information would be needed to answer you, and this is a situation where you need to meet with a lawyer. Don't post more details on here, as the fiance can read everything you post here, since it is accessible on the internet.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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