Is it possible to overturn a Power of Authority if their is inofrmation that that person is abusing her Power of attorney?

Asked almost 2 years ago - Red Oak, TX

She is making decisions that are untrue regarding my Mother in a Nursing Home.

Attorney answers (2)

  1. Steven J. Fromm

    Contributor Level 20


    Lawyer agrees

    Answered . Yes. But you need to speak with an elder or estate litigation attorney laying out all the facts and issues of concern. These matters turn on conduct and the facts and having a skillful lawyer present these facts to a judge to enable you to have the POA overturned and you named as a conservator. You need to move quickly on this before more damage is done.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  2. James P. Frederick

    Contributor Level 20

    Answered . I am not sure what you mean by saying she is making "decisions that are untrue." There is no way for you to directly overturn a POA. Your mother could revoke the POA, if she has capacity to do so. If not, then you would need to petition the probate court to become your mother's guardian/conservator. Whether the court would appoint you or the agent under the POA (or someone else entirely), depends on the facts of your situation. If you go that route, you need to consult with an attorney. Trying to handle this on your own is unlikely to yield positive results.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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