A power of attorney gives someone the legal authority to act on another person’s behalf. It’s often used to help families manage financial matters when a loved one can no longer handle them alone. But problems can arise when there are questions about how that authority was granted or how it’s being used. These concerns can lead to serious disputes. At OC Trial Group, APC, we help clients understand their rights and take legal steps when a power of attorney is being misused.
What Is a Power of Attorney and Who Can Contest It?
A power of attorney (POA) is a legal document that allows one person (the agent) to act on behalf of another (the principal). It can cover medical decisions, financial matters, or both, depending on the document’s terms.
Not everyone can challenge a POA. Typically, the people who bring these claims include:
- Family members
- Beneficiaries of the estate
- Legal guardians or conservators
- Anyone with a financial interest affected by the agent’s actions
Under California law, if there’s a valid concern about how the POA was created or used, a court may review the issue and take corrective action.
Grounds for Contesting a Power of Attorney
There are several legal reasons a POA may be challenged. These cases often involve situations where the principal was vulnerable or where the agent acted improperly. Common grounds include:
- Lack of capacity: The principal must understand what they’re signing. If they were suffering from cognitive decline, mental illness, or were under the influence of medication at the time, the document may be invalid.
- Undue influence: If someone pressured or manipulated the principal into signing, the court may find that the POA was not made freely.
- Fraud or forgery: In some cases, the signature on the POA is not the principal’s or was obtained through deception.
- Abuse of authority: Even a valid POA can be contested if the agent is using it for their own benefit. Examples include transferring assets to themselves, changing beneficiaries, or making questionable financial moves.
- Revoked or replaced documents: If the principal revoked the POA or signed a new one, but the old agent continues to act, legal action may be needed to stop it.
These disputes can arise while the principal is alive or after their death. In either case, courts take these allegations seriously and will consider evidence from all sides.
How the Legal Process Works
When someone believes a power of attorney has been abused or was never valid, they can file a petition in California probate court. The court process typically includes:
- Submitting evidence such as financial records, emails, medical evaluations, or witness testimony
- Asking the court to suspend or remove the agent
- Seeking restitution or return of assets if misuse is found
In some situations, the court may appoint a neutral party to temporarily manage the principal’s affairs. Mediation is also an option, especially when families want to avoid a drawn-out court battle.
Preventing Abuse: When to Take Action
Not all problems with a POA involve outright fraud, but misuse can still cause serious harm. Red flags may include:
- Sudden changes to bank accounts or property titles
- Isolation of the principal from family or advisors
- Unusual gifts or transfers to the agent
Taking early legal action can protect the principal and help preserve the estate. If you notice anything suspicious or feel something isn’t right, it’s wise to seek legal guidance sooner rather than later.
How OC Trial Group Can Help
At OC Trial Group, APC, we focus on trust and estate litigation, including disputes involving powers of attorney. We represent clients who are trying to challenge a POA as well as those who are defending their role as agent.
Our team understands the emotional weight these cases can carry. We take the time to review the facts, explain your options, and develop a strategy that aligns with your goals. Whether through negotiation or court proceedings, we’re ready to advocate for you.
Protecting a Loved One May Require Legal Action
A power of attorney gives significant authority, and when that power is abused or improperly granted, the consequences can be serious. If you believe something is wrong with how a POA is being used, or how it was signed, don’t wait to get help. Contact OC Trial Group, APC to schedule a consultation and discuss your next steps. We’ll help you understand your rights and explore options for protecting your loved one or your inheritance.
OC Trial Group, APC, is a top-rated law firm based in Orange County, with offices in Newport Beach and San Juan Capistrano. We also serve clients throughout California, including Westminster, Tustin, Irvine, Buena Park, Laguna Hills, Fullerton, Newport Beach, Fountain Valley, San Juan Capistrano, Costa Mesa, Garden Grove, Stanton, Cypress, Anaheim, Mission Viejo, Laguna Niguel, Brea, and Dana Point.