In some cases, people are required to render the control of their accounts and finances to someone who is trusted, such as a family member or a friend, through a legally binding document referred to as the power of attorney. It is not good to lightly grant power of attorney, as the document gives the person who holds it a range of powers over the assets of the person who granted it.
Is it possible to abuse this power?
It is occasionally found that someone has abused their powers of attorney. This is most likely to occur when the person who holds the power takes either some or all of the property that is owned by the granter of the power of attorney, and allots that property either to themselves or to someone they know.
What are other examples of power of attorney abuse?
Another example where power of attorney may be abused is when assets are transferred to an account payable to the person holding the power of attorney upon the death of the grantor. There are situations where such transfers may be fully proper, legal, and ethical.
However, in other cases, they may simply amount to cases of theft. Determining whether or not the transfer is worthy of contest or challenge will vary depending on the degree to which the property transfer benefited the grantor or a purpose previously specified by the grantor.
What is a will contest?
There are some times when an elderly person’s faith, confidence, and trust may be taken advantage of by another person in order for the person to force the elder to write a will of disinheritance.
A will of disinheritance is one that disinherits people who are in the family of the elderly person and rightfully due the property and assets of the elderly person upon his or her death.
The person who does wrong in this fashion is most often a member of the elder’s family or a caretaker or friend of the elder. To dispute these wills that were created under duress is a will contest.
How do you contest a will?
There are several means of contesting a will, and they depend on a number of predetermined factors. First, the person who was responsible for writing the will, who is known as the testator, must be shown to not have been competent when he or she wrote the will.
Second, the issue of undue influence must be proven. Undue influence does not simply mean that the testator was convinced to draft out the will in a particular way. Rather, there must have been such a degree of influence that the testator did not have free will when he or she wrote the will in question.
Is a will that was handwritten enforceable?
Wills that are written by hand are known as holographic wills. Their validity can be recognized in a state court of law as long as the requirements of the law are met.