How To Handle A Breach Of Power Of Attorney

Breach Of Power Of Attorney

In our office, we see situations where a person holding a power of attorney sometimes takes advantage of the situation. We call this a breach of power of attorney.

A common scenario might look like this: a sibling has power of attorney over an aging parent. 

The intention was for the sibling to help the parent handle their financial affairs. 

After the parent passes away, questions come up about some of the financial transactions. Maybe money or assets were moved, or maybe estate planning documents were changed. 

In this article, we’re going to look at some key things you should know to begin solving this type of situation. 

My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.

Breach of power of attorney

What To Do When A Breach Of Power Of Attorney Occurs: 

When a person holding a power of attorney has acted improperly, it is not uncommon for them to try to cover their actions through the estate.  

Often times, the person who had the power of attorney will seek to become the executor or administrator of the estate.

As a result, an important first step is usually to object to that person’s appointment. 

By objecting, it will open an opportunity to gather information through the discovery process. 

The objection will also help freeze things so no further harm can be done. 

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If you are at the stage where an objection is possible, be careful! 

Breach of power of attorney

There is usually a very short time deadline to object and there are a number of other factors that must be considered when filing an objection to make sure it does not cause more harm than good.

What If The Person Is Already The Executor Or Administrator?

But, what if the person has already been appointed as the executor or administrator when things come to light? 

This situation is more complicated, but there are ways to raise an objection at that time. 

Many times, we find that the person that held the power of attorney has committed other improper actions while representing the estate, and everything can often be raised at once.

Needless to say, these situations are very complicated and I do not recommend you try to handle them on your own. 

Next Steps: 

Everything discussed in this article is for general information and is not legal advice.

If you are in a situation where you feel someone has taken advantage of their position as power of attorney, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.

If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.

Breach of power of attorney