A power of attorney (POA) is a powerful legal tool that allows one person, known as the principal, to give another person, called the agent, authority to act on their behalf. In Louisiana, powers of attorney are often used to manage financial, legal, or medical matters when someone is unable or unwilling to handle those affairs themselves.
However, what happens if circumstances change, or if the principal or their loved ones believe the agent is not acting in the principal’s best interests? The question then arises: can a power of attorney be overridden in Louisiana?
Understanding the Basics of a Power of Attorney
In Louisiana, a power of attorney is formally called a “mandate” or “procuration.” By default, a mandate is non-durable, which means it ends automatically if the principal becomes incapacitated. To remain effective after incapacity, the document must include specific language stating that the agent’s authority continues despite the principal’s incapacity. Durable mandates are common in estate planning because they allow an agent to continue helping when the principal is unable to act on their own behalf.
When a Principal Can Revoke a Power of Attorney
The principal always maintains the right to revoke a power of attorney, provided they have legal capacity at the time of revocation. Capacity means the principal understands the nature of the act and the consequences of revoking the document. Revocation must be clear and communicated, ideally in writing, to ensure that third parties are aware that the agent’s authority has ended.
For example, if a person gives a family member power of attorney to handle their bank accounts but later decides they want to manage their own finances again, they can revoke the authority. The bank would need to see a written notice of the revocation to stop honoring the agent’s transactions.
When Others Can Challenge or Override a Power of Attorney
Concerns often arise when the principal is incapacitated and cannot revoke the POA themselves. In these situations, family members or other interested parties may feel the agent is misusing their authority, neglecting the principal’s needs, or even committing financial exploitation.
Louisiana law allows interested parties to petition the court to review the actions of an agent. A judge can determine whether the agent has breached their fiduciary duty. If the court finds that the agent is not acting in the principal’s best interests, it can remove or limit the agent’s authority. In some cases, the court may appoint a curator or guardian to protect the principal instead.
Common Grounds for Challenging a Power of Attorney
Challenges usually arise for several reasons:
- The agent is acting outside the authority granted by the document.
- The agent is mismanaging or misappropriating the principal’s property.
- The principal was coerced or unduly influenced into signing the POA.
- The principal no longer has confidence in the agent and wants someone else to serve.
Each case is fact-specific, and the court will weigh evidence to determine whether intervention is necessary.
Contact Our Legal Team Today
A power of attorney is not necessarily permanent in Louisiana. As long as the principal has capacity, they can revoke or change it at any time. If the principal is incapacitated and there are concerns about the agent’s conduct, loved ones can ask the court to step in and override the agent’s authority. These situations can be complex and emotional. Consulting a knowledgeable attorney can give you clarity and peace of mind.
At Losavio & DeJean, LLC, our legal team can help you understand your options and take the proper steps to protect your loved one’s interests. Contact us today to discuss your situation.