How to contest the Power of Attorneys in California?

Power of Attorneys in California in typical cases indicates power over financial decisions like taxes abroad US citizens or health decisions. Technical glitches in the power of attorney.

Introduction to Power of Attorneys in California:

Handing the power of attorney to someone else entirely gives them the right to act on your behalf but at their discretion for your legal matters. This is mostly used as a shield to protect one’s interests for cases; when one cannot speak or is in a state to make any decisions for themselves instead of disability or sickness. 

Power of Attorney in typical cases indicates power over financial or health decisions. If you are staying in California, you can learn about contesting a power of attorney. However, power of attorney can challenged in indisputable circumstances; and by presenting solid evidence to be present as grounds for your decision.

Abusing power –

Power of Attorneys in California provides immense authority to the individual; it is handed over to. The principal’s money or assets can overlook if it is in the wrong hands. 

The principal might file a lawsuit against the power of attorney for abusing their power; plead with the court to change their agreement. In case the principal disables the same might done by a third party who can plead the court to nullify the power of attorney.

Unsuitable influence –

If it is found that the agent who has received the Power of Attorneys in California; has done so through some immoral or inappropriate means by wrongly convincing the principal, it can be grounds for contesting the power of attorney in California. 

Unsuitable influence is when an individual uses their position for seeking advantage of another individual through improper methods like coercion or threat. California legal system considers it to be an unsuitable influence if the agent manipulates the will of a person aged 65 or more coaxed to give anyway their property, house, assets, or money.

Stealing, neglecting, etc. –

Misemployment of power can be more than just the two discussed types. 

The agent in Power of Attorneys in California might also be stealing directly from the assets of the principal; mismanage the assets of the principal, prove to be a failure in properly handling the documentation; neglect the assets or money of the principal, exhibit incapability to carry out duties as stated in power of attorney.

Technical glitches in the power of attorney –

California legal system has made it extremely easy to for handing over the power of attorney. It is quite possible to miss certain documents necessary to make the power of attorney legal and applicable. 

Last Word on Power of Attorneys in California:

Therefore, it can be contested if there is a paucity of notarization, actual signatures, and witnesses; certain required language confirming the actions of the principal, certain required language as deemed by the California legal system.

However, even with any of the aforementioned grounds; the individual contesting the power of attorney must also present suitable evidence to confirm their allegations. The court will then look into the evidence and then if deemed fit, will take action against the agent.

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