Under Florida Statute §709.2116 regarding powers of attorney, a party may petition the court to review an agent’s conduct, intentions and actions taken while acting under the authority of power of attorney. Remedies can include removing the agent’s authority under the document.
A power of attorney is not the equivalent of legal guardianship under Florida law. A person cannot petition the court to obtain a power of attorney. The law clearly states that a power of attorney must be freely and willfully granted from one person to another. The language of the power of attorney is typically very specific to the range of powers granted and the circumstances in which the power may be assumed.
Our Firm Represents Plaintiffs Or Defendants In Power Of Attorney Litigation Cases
If you are involved in a dispute involving a financial or medical power of attorney in Palm Beach County, Martin County or Broward County, Florida, talk to attorney David M. Garten, Esq. For more than 30 years, Mr. Garten has been providing legal counsel for plaintiffs and defendants in probate disputes, including cases involving:
- Fiduciary litigation against agents designated under the power of attorney document
- Abuse of the agent’s power and authority
- Undue influence to obtain power of attorney
- Disputes related to the demonstrated incapacity of the grantor
Contact An Experienced West Palm Beach Power Of Attorney Litigation Lawyer
Our firm represents plaintiffs and defendants in disputes and litigation matters involving a power of attorney. Call 561-689-0054 or use our convenient contact email form to arrange a consultation with Mr. Garten. To learn more about powers of attorney, click here to take a look at our articles.