Challenge to Power of Attorney

What is the name of your state (only U.S. law)? NY is where the POA was signed.
Is there a time limit allowed to challenge a power of attorney?
Thank you.

tedster said:

What is the name of your state (only U.S. law)? NY is where the POA was signed.
Is there a time limit allowed to challenge a power of attorney?
Thank you.

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Since POAs expire when the grantor dies, there is no reason to challenge a POA upon it's expiration.

POA was granted by a demented person clearly medically diagnosed as significantly demented 5 years prior to signing of POA. The elderly person is still alive and I would like to challenge the current POA and hopefully find a neutral guardian appointed by the state.

tedster said:

POA was granted by a demented person clearly medically diagnosed as significantly demented 5 years prior to signing of POA. The elderly person is still alive and I would like to challenge the current POA and hopefully find a neutral guardian appointed by the state.

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After awhile, this story gets a bit old, Tedster. Apparently, adult protective services does not agree with your diagnosis. Also, apparently, the district attorney's office just decided to pass on a case of elder abuse where...

The "responsible" ones have taken millions of dollars using power of attorney and used for themselves...

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Even after...

....documenting financial abuse and providing witnesses who testified to the crimes...

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And just a month ago...

The Office of Aging in PA county had petitioned for my mother to be given a state-appointed guardian due to the obvious fraud and financial elder abuse perpetrated by three of my siblings. Social services and the DA were all gung-ho and supportive....until they weren't. The case was quickly withdrawn and the only lawyer answering my questions gave the most absurd comments as to why the case was dropped. I won't go into details, and I won't give the comment given by our hired lawyer. It's all anonymous here, but, in short, there's some funny business going on.

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Also, apparently, one sibling has moved over to the dark side where the funny business is taking place...

I have a third sister watching from the sidelines and is going to be included on the will. She's on the side of reality, fortunately.

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Yes, it's very old for me. It's been two years and I've seen an incredible amount of injustice and apathy.
Now, hopefully someone can actually answer the simple question I've asked so I can continue to fight for justice.
You've done the research into the story as I've outlined it on this forum. Can you spare the same amount of time to provide me an answer or would you feel happier knowing you've been critical and unhelpful?

There is no official "time limit" as such. It can be challenged at any time and it looks like you have sufficient legal grounds to do so. Talk to a family law attorney about your situation.

Thank you, Don. That's what I thought. This is the exact wording from the lawyer as to why they would not or could not investigate the sham of my siblings dragging my demented mother into a lawyer's office to give themselves POA:
"All of the personal issues and issues concerning prior powers of attorney occurred well before our involvement and would not have warranted an investigation, due to the length of time that had passed from the change of powers of attorney and when the first report was made to our offce.

And, I don't know if you're in your 20's, anteater, but, as a psychologist who has had to deal with social services and having heard many a story from colleagues, sometimes justice is not served and the bad guys get away with it.
I can give you amazing details that would shock the hell out of anyone regarding cases of child abuse and the "experts" and the lawyers just didn't see any signs, etc...

Regarding my mother's case, there are reams of documented evidence, after reading which, the lawyer on our side said, "They are nailed!" When they closed him off and the case was dropped, he was as dismayed and shocked as we were. He added some other comments speculating what had happened, but I'm not going to print those here.

There is NO legal procedure to “challenge a power of attorney” per se!

A POA is principal/agent relationship. It is nothing more than the appointment of an agent by the grantor/maker to act in the name of the grantor and for some specific purpose or generally – depending on the language in the document.

It doesn’t make any sense to say that a principal/agent relationship can be “challenged”. They’re not challenged. They’re revoked

Moreover, even if there were such a procedure, the only person that would have standing in court as the real party in interest would be the person that appointed the agent in the first place.

And that should give you a clue as to what you need to do.

Put yourself in the shoes of the woman by being appointed both guardian of her person and as conservator of her estate.

After your appointment you can formally revoke this so-called power of attorney.

And if the person holding that alleged authority - (and I say alleged because it was secured from an incompetent person and therefore a totally nullity) - has in any way abused the authority for his or her personal gain – bring an action against them for restitution.

You will definitely need the services of a competent attorney.

Your post explains why I have consistently discouraged clients from granting this kind of authority. I will only recommend it for a limited time and a limited, specifically defined purpose. And only when there is no practical alternative.

They create far more problems than they ever solve. Tons of them, in fact.

Sax