Challenging a power of attorney in Massachusetts

On Behalf of | Jul 20, 2018 | Powers Of Attorney |

When a person becomes ill and lacks the mental or physical capacity to make certain decisions, it can be difficult to give appropriate treatment based on the person’s wishes. In addition, it can be impossible for the person to manage his or her finances. This is why another person may need to make decisions for them. This can be achieved through power of attorney (POA) status.

POA statuses are notoriously difficult to attain, because in theory, they are risky: They allow another person to make extremely important decisions of behalf of another. The exact powers of a POA can depend on the exact situation. But it is possible to challenge a POA if you are concerned about the well-being of another. The following are some situations in which a POA can be challenged.

When the person in question is mentally competent

When a person has a POA who is acting on his or her behalf, it is only possible in a situation when he or she is mentally incompetent. However, mental competence can be disputed because it is very subjective. Therefore, it is possible to challenge the claim of mental incompetence in order to challenge a POA.

If formalities were not followed

The state of Michigan have many specific formalities that need to be followed. When these are not adhered to by the POA, it is possible to show that the POA status should be revoked.

If you believe that a POA status is being misused or you are concerned about a vulnerable person in the state of Michigan, it is important to understand the law and take action when it is necessary.


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