POWER OF ATTORNEY LITIGATION
LAWYERS IN DUBLIN, OHIO

When a loved one entrusts another individual with the authority to manage their financial or medical decisions through a Power of Attorney (POA), it is assumed that the appointee (i.e. the 'Agent') will act in the best interests of the individual. However, not all powers of attorney are handled responsibly or ethically. Unfortunately, Powers of Attorney are frequently abused and misused by the Agent. The abuse and misuse can take the form of self-dealing in which the Agent does things to benefit him or herself instead of for the benefit of the Principal.

When an Agent abuses a Power of Attorney for their own benefit, the consequences can be devastating. Through a Medical Power of Attorney, medical decisions the Principal wouldn’t want can be made. If a Financial Power of Attorney is misused, the Principal’s assets and finances can be completely wiped out, leaving the Principal financially ruined.

If you suspect that someone is abusing their Power of Attorney position to benefit themselves, it is important to take action quickly to protect your loved one.

Our dedicated team of probate litigation lawyers is here to help. We understand the sensitive nature of power of attorney disputes and are committed to protecting the rights of those affected. We represent clients facing issues of POA abuse, including manipulation, self-dealing, or failure to act in accordance with the principal’s best interests.

WHAT IS A POWER OF ATTORNEY?

A Power of Attorney is a legal document in which one person (i.e., the “Principal”) grants another person (i.e., the “Agent” or “Attorney-in-fact”) the authority to take specific actions on the Principal’s behalf.

There are many different types of Powers of Attorney. A “Financial Power of Attorney” gives the Agent authority to act on the Principal’s behalf regarding such things as money, finances, property, and other assets of the Principal. A “Medical Power of Attorney” (sometimes referred to as a “Healthcare POA”) grants the Agent authority to make certain medical decisions for the Principal.

AREAS WE ADDRESS IN POWER OF ATTORNEY DISPUTES

Power of Attorney litigation involves disputes arising from the actions or inactions of an appointed POA Agent. When the Agent behaves unethically, it may appear as financial mismanagement, healthcare decisions that go against the wishes of the Principal, or even elder abuse. Here are some key areas we address:

1. Breach of Fiduciary Duty: When a fiduciary compromises their responsibilities, or promotes their self-interest over that of the Principal, we advocate for accountability and ensure the wronged party receives the protection they deserve.

2. POA Abuse: Allegations of financial exploitation or improper influence often arise, and we are prepared to take decisive legal action against those abusing their authority.

3. Investigating Capacity: Questions about the principal's mental capacity at the time the power of attorney was created, and their ability to make important decisions, can also be significant. Our team can help evaluate the legitimacy of the POA and contest its validity if doubts arise.

4. Financial Mismanagement: If you believe a POA is mismanaging funds or assets, we will work diligently to hold the wrongdoer accountable and recover any losses incurred.

OUR COMMITMENT TO YOU

At the Law Offices of DuPont and Blumenstiel, we pledge to work tirelessly and compassionately on your behalf. We will take the time to understand your unique situation, provide a thorough evaluation of your case, and develop a tailored strategy to maximize results. Litigation involving power of attorney abuse requires a keen understanding of both legal principles and the emotional nuances involved, and our team is well-equipped to handle these matters sensitively and effectively.

If you suspect that a power of attorney is not acting in accordance with their duties, do not hesitate to reach out. Contact our office for a confidential consultation, and let us help you protect the interests of your loved one.

RELEVANT OHIO LAWS

Fortunately, there are many laws in Ohio designed to protect those who may be vulnerable to abuse. Some such laws include:

1. Ohio Revised Code § 1337.30 - Termination of Powers of Attorney: This section addresses how and when a power of attorney may be revoked, either by the principal or by operation of law, and provides guidance on notifying the agent and third parties.

2. Ohio Revised Code § 5101.61 - Adult Protective Services: If there are concerns around abuse, neglect, or exploitation of adults, this law enables victims or concerned parties to seek help from protective services, underscoring the need for prompt action.

Being aware of these laws can empower you to take informed action in cases of suspected POA abuse or mismanagement. If you have additional questions about how these statutes may apply to your situation, our team at DuPont & Blumenstiel is ready to assist you.

FREQUENTLY ASKED QUESTIONS ABOUT POWER OF ATTORNEY ABUSE

What should I do if I suspect POA abuse?

If you suspect that an appointed power of attorney is misusing their authority, it’s essential to document your concerns and seek legal advice immediately. Delay can cause increased harm. Our team can guide you through the process of gathering evidence and exploring your legal options.

Can a power of attorney be revoked?

Yes, a power of attorney can typically be revoked by the principal at any time, provided they have the mental capacity to do so. This process usually involves creating a written document that clearly states the revocation and notifying the agent and any relevant institutions.

What evidence is needed to prove POA abuse?

Evidence of POA abuse can include financial records showing unauthorized transactions and/or self-dealing, witness testimonies of inappropriate behavior, or documentation indicating that the Agent is not acting in the best interests of the Principal. Our team can help you compile and present this evidence effectively.

How can I contest the validity of a power of attorney?

If the Principal is unable to revoke the POA themselves due to physical and/or cognitive impairment, you may be table to take legal action to revoke the POA document on your loved one's behalf. Contesting the validity of a power of attorney often requires demonstrating that the principal lacked the mental capacity to execute the document or that it was obtained under undue influence or fraud. If you believe these conditions apply, our firm can assist you in navigating the legal process.

What are the potential consequences for POA abuse?

Consequences for POA abuse can range from financial restitution to criminal charges, depending on the severity of the actions taken by the agent. Engaging a qualified attorney can help ensure that appropriate penalties are sought and that your loved one’s rights are protected.

DUBLIN, OH POWER OF ATTORNEY LITIGATION LAWYERS

At the Law Offices of DuPont and Blumenstiel, we are dedicated to providing the support and guidance you need to protect your loved one's rights and interests.

If you suspect Power of Attorney abuse or mismanagement, we encourage you to take the first step toward justice. Contact our office today at 614-389-9711 for a confidential consultation. Your loved one's well-being deserves our utmost attention and care.