Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, November 11, 2015

How To Resolve Dispute Over Power Of Attorney

Power of attorneyThere are some circumstances where a conflict between a medical power of attorney (POA) and a financial POA might occur. This column discusses a situation where an elderly parent's two children, one the medical POA and the other the financial POA, had a disagreement. The medical POA wanted medical care for their elderly parent but the financial POA would not release the assets needed to pay for that care. It is important to first look at the POA documents themselves to see if they spell out a system for resolving these types of disputes. If the documents do not provide the answer then the disputing parties could try to solve their issue themselves or attempt to settle it through mediation. The final step would be to have the probate court resolve the issue, but considering the court costs and time that would be involved relying on probate to resolve such a dispute should be a last resort.

See How Do I Resolve a Conflict Between a Financial POA and a Medical POA?, Elder Law Answers, November 11, 2015.

http://lawprofessors.typepad.com/trusts_estates_prof/2015/11/how-to-resolve-dispute-over-power-of-attorney.html

Disability Planning - Health Care, Disability Planning - Property Management, Elder Law, Estate Planning - Generally, Guardianship, Non-Probate Assets | Permalink

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