Litigating Against a Power of Attorney

Litigating against a power of attorney may seem like a challenging endeavor. However, with an experienced Hackard Law attorney on your side, a successful outcome in probate court is possible.

The principal’s best interests are always paramount. Discover how our legal team could challenge the document’s validity or pursue claims against the agent when their actions are harmful. Here are ways our team could litigate against a power of attorney.

Challenging a Power of Attorney

The experienced and compassionate lawyers at Hackard Law could challenge the validity of a power of attorney. For example, if you believe the principal was incapacitated or unduly influenced, we may petition the court to invalidate the document and rescind the agent’s authority to act on the person’s behalf.

If the principal is not disabled and is of sound mind, you should consult with them before taking legal action. You may also want to approach the agent and give them the opportunity to address your concerns. However, seeking legal advice in this circumstance may give you peace of mind.

Revoking a Power of Attorney

If the principal is incapacitated and you believe the agent violated their fiduciary duties, our legal team could petition the court to revoke an existing power of attorney. We would also ask for a revocation if it is in the principal’s best interest, particularly when the agent abuses their powers.

For example, the agent may steal assets or neglect to take care of the principal’s needs. These are valid reasons to claim a breach of fiduciary duty, and this misuse of a power of attorney is often considered elder financial exploitation in court.

How We Prove Incapacity and Abuse

Proving incapacity and abuse in court requires evidence, such as the principal’s medical records or a mental health professional’s expert testimony. We may also subpoena financial records that may show that the agent is taking a monetary advantage of the principal.

Once our team has collected these documents, we could draft and file a petition with your local California probate court to challenge the power of attorney. However, we have just four years from the date of discovery to act. The judge may rule on the case and may choose to override the power of attorney, or the judge may decide to terminate the power of attorney altogether.

Contact Us for Help Challenging a Power of Attorney

The caring and compassionate attorneys at Hackard Law understand what you are going through. We are there for you when you do not know where to turn.

As our firm works on a contingency fee basis, if we do not win your case, you would owe us nothing. Contact us today to find out how we could help you litigate against a power of attorney when it is right for you and your loved one.