Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
A power of attorney (POA) is a legal document that grants an agent the authority to act on behalf of the principal in specified matters. However, it is important to understand that a power of attorney does not typically override the principal’s decisions, as long as the principal remains mentally competent.
The agent appointed under a power of attorney has a fiduciary duty to act in the best interests of the principal and to follow their wishes. As such, the agent’s authority is generally considered to be subordinate to that of the principal. The principal retains the right to make their own decisions and can override the agent’s actions or decisions if they disagree with them.
It is crucial to note that a principal can revoke or modify a power of attorney at any time, provided they are mentally competent to do so. This means that if a principal disagrees with an agent’s decisions or actions, they have the ability to terminate the agent’s authority or appoint a new agent altogether.
However, there are certain circumstances where an agent’s decisions may effectively override those of the principal. This typically occurs when the principal becomes incapacitated or unable to make decisions for themselves, particularly in the case of a durable power of attorney. In such situations, the agent’s authority may continue, and their decisions may take precedence over any previously expressed wishes of the principal.
It is essential for both principals and agents to understand the scope and limitations of the power of attorney document. Clear communication between the principal and agent, as well as proper documentation of the principal’s wishes, can help prevent conflicts and ensure that the agent’s actions align with the principal’s intentions.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.