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.
Yes, it is possible to sue an agent who has been granted power of attorney, but there are important considerations to keep in mind. As an estate planning attorney, I would advise that legal action against a power of attorney agent should only be pursued in cases where there is clear evidence of misconduct or breach of fiduciary duty.
The agent operating under a power of attorney has a fiduciary responsibility to act in the best interests of the principal (the person who granted the power of attorney). This means they must manage affairs honestly, prudently, and in accordance with the principal’s wishes. If an agent fails to uphold these duties, they may be subject to legal action.
Common grounds for suing a power of attorney agent include:
1. Misuse or theft of funds
2. Making decisions that go against the principal’s known wishes
3. Neglecting their responsibilities as outlined in the power of attorney document
4. Self-dealing or using their position for personal gain
5. Failing to keep accurate records of financial transactions
It’s important to note that proving misconduct can be challenging, especially if the agent can demonstrate that their actions were made in good faith or were in line with the principal’s best interests. Before pursuing legal action, it’s advisable to gather substantial evidence and consult with an experienced attorney who specializes in estate litigation or elder law.
As an alternative to litigation, consider exploring other options first, such as requesting an accounting of the agent’s actions, seeking mediation, or petitioning the court to remove the agent and appoint a new one. These steps may resolve the issue without the need for a lawsuit, which can be costly and time-consuming.
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.