A power of attorney (POA) can be a helpful legal tool, allowing someone you trust to handle your finances, make medical decisions, or take care of important tasks when you’re unable to do so yourself. But not every POA is valid—or safe. Sometimes, the person given power misuses it. Other times, the person who signed the POA may not have fully understood what they were doing. In California, you have the right to challenge a power of attorney if something feels off.
Common Grounds for Contesting a Power of Attorney
Not every dispute over a POA leads to legal action, but when serious concerns arise, there are a few common reasons the court may get involved.
- Lack of capacity: A POA must be signed by someone who understands what the document means and what powers it gives away. If the person had dementia, suffered a head injury, or was otherwise mentally impaired at the time, the POA may not be valid.
- Undue influence: If someone pressured or manipulated the signer—often a vulnerable senior—to hand over control, the court can cancel the POA.
- Fraud or forgery: In some cases, the POA is based on false information or the signature is not real. These are serious issues that courts don’t take lightly.
- Abuse of authority: Even if the POA was valid at the start, it can be challenged if the agent acts outside the scope of their authority or misuses the funds.
- Revoked or expired POA: A POA can be revoked by the person who signed it, or it may have an expiration date. If someone keeps using it afterward, legal action may be needed.
Who Can Contest a Power of Attorney?
California law doesn’t allow just anyone to challenge a POA. You need to have what’s called “standing,” meaning a legitimate interest in the outcome.
This typically includes:
- Immediate family members or legal heirs
- People named in the principal’s estate plan
- Court-appointed conservators or guardians
- Co-agents or successor agents listed in the POA
If you’re concerned that the agent is not acting in the principal’s best interest—and you’re legally connected to the situation—you may have the right to bring the issue before a judge.
Legal Process for Challenging a Power of Attorney
If you believe there’s a problem with a POA, the next step is usually filing a petition in probate court. This starts the formal legal process of asking the court to review and possibly revoke the document.
You’ll need to:
- File a petition explaining why you believe the POA is invalid or being misused
- Provide evidence, such as medical evaluations, financial statements, or testimony from witnesses
- Attend a hearing, where both sides can present their arguments
Sometimes, you may also ask the court to appoint a neutral third party (such as a conservator) to temporarily take over decision-making. The judge will review the facts and decide whether the POA stands or should be modified or revoked.
This process isn’t always fast or simple, but it’s a powerful way to protect someone who can’t protect themselves.
Timing and Statute of Limitations
In these situations, time matters. While there isn’t a specific statute of limitations for every POA dispute, waiting too long can hurt your case. It may become harder to gather evidence, find witnesses, or recover assets that were taken.
If you believe harm is already happening—such as unauthorized bank transfers or property being sold—immediate action may be needed. Acting early also helps limit emotional strain and potential damage to family relationships.
How We Can Help
At OC Trial Group, APC, we know how complicated these situations can feel. Families don’t always agree, and when someone is being taken advantage of, it can be hard to know what to do next. We’ll help you:
- Understand whether your concerns justify legal action
- File the proper documents in court
- Gather evidence to support your case
- Represent your interests in front of the judge
Whether you’re trying to stop financial abuse or you simply want peace of mind that everything is being handled properly, we’re here to support you through each step.
Don’t Wait to Take Action
If you suspect that a loved one’s power of attorney is being misused—or was never valid to begin with—don’t ignore those concerns. The longer you wait, the harder it may be to protect their well-being and preserve their assets. Reach out to OC Trial Group, APC, today to discuss your situation. We’ll listen, guide you through your options, and fight for what’s right.