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How the designation of a power of attorney could lead to strife

On Behalf of | Mar 21, 2019 | Probate Litigation

Many individuals in Louisiana and elsewhere consider it essential to have a strategy in place for the future should they suddenly become incapable of making decisions on their own. Many may choose to have someone else act on their behalf in these instances by naming him or her as power of attorney. There are several instances in which the designation of a power of attorney could lead to strife among the parties involved, perhaps especially among siblings.

One scenario in which another party may wish to dispute a power of attorney pertains to the validity of the contract. In some cases, one might be able to argue that the principal was not capable of understanding the terms of the arrangement, or that he or she was subjected to undue influence. Should other parties feel that the person acting as power of attorney is attempting to take advantage of the principal, they may wish to take action to protect their loved one from harm.

Some may also contest that the agent has failed to make decisions in accordance with the wishes of the principal. Another potential cause of strife pertains to a scenario in which one sibling is chosen to act as power of attorney over another. This could lead to a lack of trust and difference of opinion that may leave those involved arguing over every choice that is made.

Individuals who encounter disputes pertaining to a power of attorney may wish to take every possible measure to protect the interests of their loved ones. Those who face similar circumstances could benefit from consulting with an attorney early on for guidance on each of their available options. An attorney can examine the circumstances a client in Louisiana is facing and assist him or her in pursuing the most amicable and acceptable resolution achievable.