Victoria Power of Attorney Litigation Lawyer

Durable powers of attorney are important estate and end-of-life planning tools. If you plan to name a power of attorney to make healthcare decisions and manage your finances when you become incapacitated, consider hiring a Victoria power of attorney litigation lawyer. Your attorney could ensure your power of attorney documents are written and signed correctly, helping you feel confident in your decision.

Even with the best planning, abuse or conflict can happen. Working with a knowledgeable probate and estate litigation lawyer could help you navigate any issues that arise during the legal process.

How Power of Attorney Works and Potential Conflicts

There are several types of powers of attorney that allow one individual to act on another’s behalf. A durable power of attorney, defined in Texas Estates Code Sec. 751.0021, remains in place when the signee loses the ability to make their own decisions.

While it is possible to download and complete durable power of attorney forms without a lawyer, doing so can create problems. For example, standard forms usually give the designated proxy, called the agent, very broad powers over the person who selected them, called the principal. Depending on the relationships involved, a principal might want to set limitations on the agent’s decision-making power. The principal will also need to decide whether the power of attorney goes into effect immediately or only after they become incapacitated. Both of these situations can lead to conflicts. If the power of attorney goes into effect upon incapacitation, the agent may need to go to court to prove the principal is incapacitated. On the other hand, making the power of attorney effective immediately leaves more opportunity for an agent to abuse their power.

Regardless of how you complete the power of attorney process, a Victoria lawyer could be essential to resolving conflicts and completing litigation successfully.

How Can an Attorney Help?

There are several ways a power of attorney can go wrong after a principal becomes incapacitated and their agent begins making decisions on their behalf. An individual may have placed their trust in the wrong person, and the agent could be abusing their power by stealing or misusing money or failing to take care of the principal’s needs. Conflicts could also arise if there are two co-agents or the agent and other family members disagree on what is best for the principal.

Litigation will usually be required to solve any conflicts that emerge during the power of attorney process. A Victoria lawyer with power of attorney litigation experience could represent the involved parties in court to ensure the principal’s wishes and best interests are respected at all times.

Discuss Your Power of Attorney Litigation Needs With a Victoria Lawyer Today

If you are dealing with an unfit agent making decisions for a loved one or any other conflict related to a power of attorney, a Victoria power of attorney litigation lawyer could help. The team at Texas Will Contests, JV has the knowledge needed to guide you through the process. We have experience with litigation in probate court and are prepared to represent you if necessary. Contact us today to schedule an appointment.