Can a power of attorney be contested?

Asked about 1 year ago - 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. Mark Schaefer

    Contributor Level 10

    3

    Lawyers agree

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

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Sam Louis Levine

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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. George Costas Andriotis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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

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