Who Can Complain About Power of Attorney?
When it comes to legal matters, having a power of attorney (POA) is an important step in ensuring that your wishes are respected. But what happens if something goes wrong? Who can complain about power of attorney?
In most cases, it is the donor of the power of attorney who can make a complaint. The donor is the person who has granted the power of attorney to another person. If the donor is still of sound mind and has capacity, they can make a complaint if they feel that the power of attorney is being misused or abused.
Once the donor has lost capacity, however, only the attorney can make a complaint. This is because the attorney is the only one who is legally allowed to act on behalf of the donor. In this scenario, we’ll need to see a copy of the power of attorney document to make sure the power has been granted.
It is important to note that the attorney cannot make a complaint about their own actions. This means that if the attorney is misusing or abusing the power of attorney, the donor or their family members will need to make a complaint.
In some cases, a third party may be able to make a complaint about the power of attorney. This could include a family member, a carer, or a professional who is involved in the donor’s care.
If you are considering making a complaint about power of attorney, it is important to seek legal advice first. This will ensure that you are aware of your rights and that you are taking the right steps to protect the donor’s interests.
In conclusion, the donor of the power of attorney is usually the one who can make a complaint. However, if the donor has lost capacity, only the attorney can make a complaint. In some cases, a third party may also be able to make a complaint. If you are considering making a complaint, it is important to seek legal advice first.
29 Jan 2021