Can a power of attorney be contested?

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

Covington, GA -

Attorney Answers (4)

Mark Schaefer

Mark Schaefer

Estate Planning Attorney - Savannah, GA
Answered

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

Glen Edward Ashman

Glen Edward Ashman

Power of Attorney Lawyer - East Point, GA
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.

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Sam Louis Levine

Sam Louis Levine

Car / Auto Accident Lawyer - Atlanta, GA
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

George Costas Andriotis

George Costas Andriotis

Car / Auto Accident Lawyer - Tarpon Springs, FL
Answered

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

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