At Peach State Wills & Trusts, we know how important it is to have a well-thought-out estate plan that reflects your wishes. A key part of many estate plans is the Power of Attorney (POA). A POA lets someone else make decisions on your behalf if you can't. But what happens if someone feels that the agent with this authority isn't acting in your best interests? Can anyone override that POA? 

In Georgia, where laws governing POA can be complex, it's vital to know your rights. This article will answer these questions and help you understand who might have the power to step in when a POA goes wrong.

What is a Power of Attorney?

A Power of Attorney is a legal document where you (the "principal") give someone else (the "agent" or "attorney-in-fact") the power to make decisions for you. A POA can be useful if you're ever unable to manage your own affairs due to illness, injury, or other circumstances.

However, life is unpredictable, and situations may arise where a POA needs to be challenged or even revoked. Let's look at who has the authority to override a Power of Attorney in Georgia.

1. The Principal: The Person Who Created the POA

First and foremost, you—the person who created the Power of Attorney—always have the right to revoke or cancel it as long as you are mentally capable. If you believe your agent isn't acting in your best interests or you've changed your mind, you can simply create a written revocation of the POA. It's important to notify the agent and anyone else who may be relying on the document, such as banks, investment firms, or other third parties, to make sure they know the POA is no longer valid.

If you're setting up a new POA, make sure to clearly state in that document that it replaces any older versions. This can help avoid confusion and ensure your latest wishes are followed.

2. Automatic Termination by Law

In certain situations, a Power of Attorney automatically ends without anyone needing to take legal action. These events include:

• The death of the principal: The agent's authority under the POA stops when the principal dies. At that point, decisions regarding the estate are handled by the executor of the will or a court-appointed administrator.

• Expiration of the POA: If the POA specifies an end date, it will automatically expire when that date is reached.

• Incapacitation (for non-durable POAs): If the POA is "non-durable," it becomes void if the principal becomes incapacitated. In contrast, a "durable" POA remains in effect even if the principal is incapacitated.

• Divorce from a spouse-agent: If your spouse is your agent and you or your spouse file for a divorce, annulment, or legal separation, their authority under the POA is automatically revoked unless your POA explicitly says otherwise.

3. Court Intervention

In some cases, a court in Georgia can step in and either revoke or modify a Power of Attorney. This usually happens when there is evidence that the agent is not acting in the principal's best interests. A court might get involved if:

• The agent is misusing their power or acting in a way that harms the principal.

• The agent is acting against the wishes of the principal, even if the principal is incapacitated and cannot revoke the POA themselves.

• There is evidence of fraud, undue influence, or duress involved in the creation of the POA.

If the court agrees, it may revoke the POA and appoint a guardian or conservator to manage the principal's affairs.

4. Concerned Family and Friends: Taking Action

Although family and friends can't directly override a Power of Attorney, they do have options if they believe something is wrong. Concerned parties can petition the court if they suspect abuse, neglect or that the agent isn't acting in the principal's best interests. With enough evidence, the court can step in to revoke or modify the POA and appoint a more responsible person to manage the principal's affairs.

Family members can also request the appointment of a guardian or conservator if the principal is incapacitated and the agent is misusing their power. It's important for family members to gather evidence, such as financial records or medical reports, and seek legal counsel to guide them through this process.

Take Control of Your Future

A Power of Attorney is an important part of any estate plan, but it's crucial to understand who can override it and under what circumstances. If you have any concerns about how your Power of Attorney is being managed—or if you need to update or revoke it—don't hesitate to seek legal advice.

To help you navigate these important decisions, we invite you to download here our free estate planning guide, no strings attached. If you have any questions or would like to discuss your specific situation, feel free to reach out to us directly at (678) 344-5342.