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A power of attorney designates an people to oversee either the financial affairs or medical wants of the people who creates the appointment in the first example. The person creating the power attorney maintains the power to end the authority. A third celebration generally does not have the ability to effectively challenge a power of attorney. In some limited examples, some 3rd party is able to challenge a power of attorney. Some person can pursue any challenge to any power of attorney based on some contention that the individual who made the power of attorney lacked capableness to work so. In the alternative, a challenge is possible on an claim that is the agent is not acting in the greatest interests of the grantor--the individual who created the power of attorney.

Difficulty: Moderately Challenging


Things You'll Want

Duplicate of power of attorney Letter to factor chosen on power of attorney Petition to terminate power of attorney

1 Create a letter to the agent appointed in the power of attorney. Advise the agent of your intention to formally challenge the power of attorney. Set forth the reason with mounting such a challenge. A problem normally yous based on lack of capability of the grantor at the time the power of attorney was signed or misfeasance of the agent. Identify your relationship to the grantor. Require that the agent withdraw from acting on behalf of the grantor.

2 Draft a petition to terminate power of attorney. The petition will commence any case in probate courtroom for the removal of the agent plus cancellation of the power of attorney. Particularly site the causes why you maintain the power of attorney should be ended. Explain with the petition your relationship to the grantor and why you believe you have position to seek a cancellation of the power of attorney. You need never be a blood relative. You do get to have a close enough connection to the grantor to contain actual know-how of causes to cancel the power of attorney.

3 File the petition to cancel power of attorney in the clerk of the courtroom.

4 Deliver any copy of the petition to terminate to either the people who created the power of attorney being properly as the appointed factor.

5 Request a hearing date on the petition for termination of the power of attorney. The request for some hearing yous made through either the judge of the probate court's administrative assistant or the clerk of the court.

6 Deliver notification of the date, spare time also location of the hearing to the grantor also agent associated by means of the power of attorney.


Topic revision: r1 - 04 Oct 2011 - 13:13:18 - LorenzoMadrid
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