How to Resolve a Power of Attorney Conflict in Florida
If you become incapacitated or unable to make decisions for yourself, someone that you designate with a Power of Attorney can act on your behalf. You can also give a Power of Attorney that designates someone to act on your behalf if you are absent or unable to make decisions for any reason. For example, a soldier who is deployed can give a Power of Attorney to his spouse.
You can choose anyone you’d like to be your Power of Attorney, but you should choose wisely because you won’t be able to change the designated person when you become incapacitated and conflicts can arise when family members disagree with the agent’s choices.
How Do I Name a Power of Attorney?
You will need to create a legal document called a Power of Attorney in which you as the Principal grant another person called a Agent the right to act on your behalf. You have control over what your Agent can or cannot decide on your behalf.
What Happens When There is a Conflict or Dispute About The Power of Attorney?
Typically, when a Power of Attorney conflict arises, it’s because one of the Agent’s relatives thinks the Agent is abusing his or her power. Perhaps family members think that the Agent is trying to somehow make money off of you for their own financial gain or benefit.
Perhaps an Agent is making decisions that are outside of the scope that you’ve set up in your Power of Attorney document. For example, if the Power of Attorney said that the Agent can only make financial decisions for you and the Agent attempts to make health-related decisions for you, the Agent would be violating the terms of your Power of Attorney.
When a dispute over a Power of Attorney arises, Florida Statute 709.2116 states that the Court has the power to review the Agent’s conduct and then remove the Agent or end the Agent’s authority along with other possible remedies.
Many different people can initiate a Court proceeding about the Power of Attorney, including the Agent, the Principal, a government agency with a duty to protect the welfare of the Principal, the Principal’s guardian, trustee, conservator or any person “to the court’s satisfaction that the person is interested in the welfare of the Principal and has a good faith belief that the court’s intervention is necessary.”
Should I Hire An Attorney To Help Me With My Power of Attorney Dispute?
Yes, a skilled Pompano Beach probate attorney can help you determine the best way to proceed with your case. You may want to seek a private resolution but not know how to approach resolving the issue.
Perhaps emotions are running so high that you need an attorney to help you negotiate. You may want your attorney to handle all of the communication with the other person to take that burden off of your shoulders. If necessary, an attorney can skillfully navigate litigation. Pompano Beach power of attorney disputes attorney Mark R. Manceri will diligently represent you in your power of attorney dispute. Call 954-491-7099 for a confidential consultation or contact Mr. Manceri online.
Resource:
floridabar.org/public/consumer/pamphlet13/
