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.
When someone has been granted power of attorney (POA) over a parent, it generally means that individual has been legally authorized to make decisions on behalf of the parent. This can include financial, medical, or personal care decisions, depending on the type of POA granted. In most cases, the children of the parent do not automatically have any legal power or authority in this situation.
However, it’s important to note that the existence of a power of attorney does not necessarily negate the rights or concerns of the parent’s children. Here are some key points to consider:
1. Limited Authority: The person with POA has authority only within the scope defined in the POA document. They cannot make decisions outside of this scope.
2. Fiduciary Duty: The person with POA has a fiduciary duty to act in the best interests of the parent. If children believe this duty is being violated, they may have grounds for legal action.
3. Guardianship: In cases where children believe the parent is being exploited or the POA is not acting appropriately, they may petition the court for guardianship. This is a separate legal process that can override a POA if the court deems it necessary.
4. Medical Decisions: In some jurisdictions, immediate family members may still have some say in medical decisions, even if someone else has medical POA. This can vary by state and situation.
5. Challenging the POA: If children believe the POA was obtained fraudulently or that the parent lacked capacity when granting it, they may be able to challenge its validity in court.
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.