What should I do if my power of attorney refuses to follow my wishes?

If your power of attorney (POA) refuses to follow your wishes, you can cancel the POA by creating a written revocation document and notifying your agent and relevant institutions. If you are no longer mentally competent, family members may need to petition a court for intervention.

Can I revoke my power of attorney at any time?

Yes, if you are of sound mind, you have the right to revoke your power of attorney at any time by creating a written revocation document and notifying your agent and institutions that relied on the original POA.

What happens if my agent is abusing their power?

If your agent abuses their power, you can pursue legal action against them. This may involve requiring them to repay misused funds or facing civil lawsuits, and in severe cases, criminal charges for fraud or elder abuse.

How can I reduce the risk of problems with my power of attorney?

To reduce the risk of problems with your power of attorney, have an experienced attorney create the POA documents, choose a trustworthy agent, and discuss your wishes thoroughly to ensure clarity and understanding.

What Happens If Your Power of Attorney Refuses to Follow Your Wishes?

Q: What is the fiduciary duty of a power of attorney?

The fiduciary duty of a power of attorney requires the agent to act loyally, honestly, and in accordance with your stated preferences. Ignoring your wishes or acting for personal gain constitutes a breach of this duty.

What if your “attorney-in-fact” won’t do what you want… What happens then?

A power of attorney (POA) is a legal document. It gives giving someone — known as the “agent” or “attorney-in-fact”—authority to act on your behalf in financial, medical, or personal matters. This arrangement is built on trust. The expectation is your agent will follow your wishes and act in your best interest.

But what happens if they don’t?

When a POA or attorney-in-fact refuses to follow your instructions, the situation can quickly become serious.

For instance, you discover your bills are not being paid. Or your bank questions the withdrawal of large sums from your bank account. Legally, your agent has a fiduciary duty. They are required to act loyally, honestly, and in accordance with your stated preferences. Ignoring your wishes, acting for personal gain, or making decisions that contradict your instructions is considered a breach of that duty.

How To Address The Issue

If you are of sound mind, you have the right to cancel a POA or attorney-in fact at any time. First, you create a written revocation document. Then, notify your agent, as well as any institutions (like banks or healthcare providers) that relied on the original POA. Once revoked, the agent no longer has legal authority to act on your behalf.

What if you are no longer mentally competent and your agent is not acting in your best interest? The situation becomes more complex. In this case, concerned family members or loved ones may need to petition a court for intervention. This could involve asking the court to remove the attorney-in-fact and appoint a guardian or conservator. Such appointed persons take over decision-making responsibilities. Courts take these matters seriously. Especially if there is evidence of neglect, abuse, or financial exploitation.

After revoking the POA, you can appoint a new, more trustworthy agent. It’s wise to choose a new attorney-in-fact who understands your values, communicates well, and is willing to follow your instructions carefully. You may also consider adding safeguards. You can require regular reporting or appoint co-agents who must agree on decisions.

Legal consequences for an agent who violates their duties can be significant. They may be required to repay stolen or misused funds. They might also face civil lawsuits, or even criminal charges in cases of fraud or elder abuse. Documentation—such as financial records, emails, or witness statements—can be critical in proving misconduct.

Reduce Your Risk of POA Problems

The most effective way to reduce the risk of problems with a POA is to have an experienced attorney create the POA documents. This ensures they are legally sound and comprehensive. It’s important to be clear and detailed with your agent too. Select someone who understands your values and your wishes. Discuss your wishes thoroughly with your chosen agent.

A power of attorney is a powerful tool that relies heavily on trust. While there are legal remedies available if that trust is broken, you must act quickly and decisively. Thoroughness in creating your POA is key to protecting your interests and ensuring your wishes are respected. Creating POA’s as part of a thorough estate plan is what our law firm is founded upon. If you have a POA that needs to be reviewed or updated, or if you are ready to create an estate plan, give my office a call at (470)235-7868.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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