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If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.

Misconception #1: You can sign a power of attorney if you are legally incompetent. Someone cannot appoint a power of attorney (or sign any legal document) if they are incapacitated.Contrary to popular belief, only a mentally competent individual can appoint a POA for themselves.

As part of her general powers, a medical agent under a durable power of attorney has the authority to restrict or deny visitors access to the principal.He may allow some visitors and refuse others as long as he does not violate his fiduciary duty to make all decisions based on the best interests of the principal.

Not on the proper form financial institutions, in particular, often refuse to honor a POA if it is not on their own POA form.

Usually, it will require a formal contest in court, unless the agent voluntarily resigns their power of attorney.If an agent continues to make decisions of behalf of the principal after a non-durable power of attorney ends, a third party would be able to contest any decisions made in court.

A power of attorney, or POA, is one of the most commonly used legal documents because of the numerous purposes a POA can serve.Banks, for example, are notorious for refusing to honor, or at least questioning, the authority of an Agent when presented with a power of attorney.

For example, the State of California simply requires that you write Revoke in big print at the top of your original power of attorney form, sign and date at the bottom and send it to the state agency. Ideally, your agent assumes the obligation of acting in your best interest and following your instructions.