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.

You cannot force someone to create a power of attorney (POA). A valid power of attorney must be executed voluntarily by a mentally competent individual, known as the principal. Coercion or undue influence in the creation of a POA would render the document invalid and unenforceable.

The very nature of a power of attorney is that it grants significant authority to another person (the agent) to make decisions on behalf of the principal. Given the substantial rights and responsibilities involved, it is crucial that the principal enters into this arrangement of their own free will and with a clear understanding of its implications.

If there are concerns about an individual’s ability to manage their affairs, and they are unwilling or unable to create a POA, there may be other legal options to consider. For instance, a guardianship or conservatorship proceeding could be initiated through the court system. However, these are more complex and invasive processes that require judicial oversight and should only be pursued when absolutely necessary.

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.