A POA or power of attorney is a legally notarized and binding document that authorizes a third-party representative to make financial or personal decisions on behalf of the individual who signed the document.
This individual will be known as the ‘principal’, and the person authorized to act on their behalf will be known as an attorney-in-fact.
However, it is extremely vital that the principal fully understand all the aspects of a POA document and the consequences of being neglectful, especially before they sign the paperwork after which the document becomes legally enforceable.
Challenging the Power of Attorney if the Principal Gets Incapacitated
Generally, a durable power of attorney document, in many states, provides the attorney-in-fact the authorization act on behalf of the individual even if the said individual is incapacitated. In the state of Virginia, however, a POA is deemed invalid if the principal is incapacitated. This is unless the document specifies that the agent is authorized by the principal to continue even during their incapacitation.
Challenging Misconduct and Abuse of Power
In other cases, the principal’s relatives and close friends and family may also challenge the POA if the agent is found grossly neglecting their duties and misusing their power. The relatives or the principal themselves can petition a complaint against the agent in court and provide reasonable proof of misconduct and abuse of power.