Resolving Disputes About Power Of Attorney
Using a power of attorney (POA) can be an effective way to allow someone to make decisions for another in certain circumstances, especially about health care or managing finances. But sometimes these powers are obtained improperly or misused in ways that harm those whom they are supposed to help.
At The Borger Law Firm PLLC, we are skilled not only in setting up powers of attorney, but also in protecting your interests if something goes wrong. Attorney David Borger is keenly aware of the problems that can occur with POAs and how to resolve disputes effectively.
Call our office at 832-263-8098 to arrange a free initial consultation with an experienced lawyer. Based in The Woodlands, we serve clients in courts throughout Texas.
What Type Of POA Is At Issue For You?
In Texas, types of powers of attorney include health care power of attorney, financial power of attorney and durable power of attorney.
Each of these can be useful in different ways. For example, a durable power of attorney for financial affairs can be an important incapacity planning tool that makes getting a guardianship unnecessary.
The potential downside of a POA, however, is very real. A person who takes on a power of attorney role may lack the competence to perform it properly. Or the person could commit outright wrongdoing such as stealing money from the estate.
If things like this happens, our law firm has the knowledge and tenacity to defend your interests.
Are You In A Dispute About A Power Of Attorney?
Family dynamics are often the driver for disputes about powers of attorney. But sibling rivalries and bad feelings can lead to all sorts of disputes, including:
- Theft from a parent — A child who claims to be acting under a POA may steal from a parent. In some cases, this may be because of a child’s sense of entitlement after providing care for a parent or to get back at a sibling somehow.
- Undue pressure to change estate plan — A child may put excessive pressure on a parent to grant a power of attorney or to change an estate plan. This is particularly sensitive when the parent has dementia or other limitations in mental capacity.
- Questionable gifts and other abuses of power — Powers of attorney can also be abused in many other ways. Actions such as changing beneficiary designations without authorization or making alleged gifts to the person claiming a POA are questionable and can potentially be challenged.
Our law firm is experienced in helping family members respond effectively to disputes such as these. Using our litigation experience and dispute resolution skills, we will help you find a workable solution that protects your rights.
Call our office for a no-cost consultation or reach out with the brief online form.