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If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.

A power of attorney allows one person to give legal authority to another person to act on their behalf. A financial power of attorney authorizes an individual to make financial decisions, while a medical power of attorney allows for someone to make medical decisions.

Usually, it will require a formal contest in court, unless the agent voluntarily resigns their power of attorney.If an agent continues to make decisions of behalf of the principal after a non-durable power of attorney ends, a third party would be able to contest any decisions made in court.

Healthcare Proxy and Power of Attorney Responsibilities A health care proxy has the authority to make medical decisions and a power of attorney has the authority to make financial decisions. So while a health care proxy may choose a senior living community, the power of attorney must release the funds to pay for it.

The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney does not give the agent the authority to override the principal's decision-making until the person with dementia no longer has legal capacity.

No, generally your brother with a durable general power of attorney (DGPOA) does not have authority to supersede your father's advance directive.

When you make a medical power of attorney -- more commonly called a "durable power of attorney for health care" -- you name a trusted person to oversee your medical care and make health care decisions for you if you are unable to do so.