When the person is capable and doing well he has the right to assign a family member or a close friend as one of their powers of attorney. This is done, so that if due to any reason the person becomes incapable, the granted attorney can act on his behalf.
It is a necessity that the attorney works in the best interest of the incapable. Attorneys are trustworthy and are regarded as fiduciaries by the court of law. It is very difficult for the court to remove the power of attorney as it interferes with the choice of the person when fully capable.
Out of some reason and due to uncertainties, a family member or a close friend can apply to the court for being appointed as the power of attorney. As per the laws, the action taken to remove an assigned power of attorney depends on these two factors:
- If there is a strong and compelling evidence of the misconduct or negligence on the part of the attorney.
- If the best interests of the incapable person is not being served by the attorney.
When Can The Court Remove The Attorney?
1. If the above mentioned factors are not being met by the assigned power of attorney, a family member or the person wanting to take the responsibility can appeal to the court to remove the attorney from action.
2. Sometimes it is observed that a party becomes very hasty in submitting the removal application. This procedure is quite tasking because challenging an attorney for property without full evidence might not turn out to be in the favor of the applicant.
3.The procedure turns out to be quite expensive and might turn out to become a big fight.
4. In order to avoid this situation from occurring, it is advisable that whenever you are granting the right of your property to someone else, check and verify if he is really capable as well as trustworthy in handling the duties and responsibilities.