Write a letter to the agent appointed in the power of attorney. Advise the agent of your intention to formally challenge the power of attorney. Set forth the reason for mounting such a challenge. A challenge normally is based on lack of competence of the grantor at the time the power of attorney was signed or misfeasance of the agent. Identify your relationship to the grantor. Demand that the agent withdraw from acting on behalf of the grantor.
Draft a petition to terminate power of attorney. The petition will commence a case in probate court for the removal of the agent and cancellation of the power of attorney. Specifically site the reasons why you maintain the power of attorney should be terminated. Explain in the petition your relationship to the grantor and why you believe you have standing to seek a cancellation of the power of attorney. You need not be a blood relative. You do have to have a close enough connection to the grantor to have actual knowledge of reasons to terminate the power of attorney.
File the petition to terminate power of attorney with the clerk of the court.
Deliver a copy of the petition to terminate to both the individual who created the power of attorney as well as the appointed agent.
Request a hearing date on the petition for termination of the power of attorney. The request for a hearing is made through either the judge of the probate court's administrative assistant or the clerk of the court.
Deliver notification of the date, time and location of the hearing to the grantor and agent associated with the power of attorney.
Appear at the hearing and present all relevant evidence supporting your motion to terminate power of attorney.
- American Bar Association: Uniform Power of Attorney Act
- "Powers of Attorney Simplified;" Daniel Sitarz; 2007
- "Power of Attorney: Take Control of Your Life, Your Career, Your Profession;" Larry Levin; 2004