Contesting Power Of Attorney

Summary

Contesting a Power of Attorney (POA) involves several steps. First, gather evidence such as medical records to demonstrate the principals mental state. Consult an attorney specializing in elder law for legal advice. File a petition in court to challenge the POA, citing undue influence or lack of mental capacity. Notify all interested parties about the contestation. For those with financial constraints, consider seeking assistance from local legal aid organizations like the Legal Aid Society of the Jacksonville Bar Association.

Full Conversation

Again my name is Janelle from Jacksonville Florida drafting a formal response from a template I received from you and about requesting information I just need your advice on how to close the letter and do I stipulate how many days I'm going to take to review the documents once received or do I stipulate that time frame how would you close this letter please help
Hi Janelle! Here’s a concise way to close your letter:
---
Thank you for your prompt attention to this matter. Please forward the requested information at your earliest convenience. I will review the documents within [X] days of receipt. Should you have any questions, feel free to contact me.
Sincerely,
[Your Name]
---
Would you like any further assistance with your letter?
Subject: Request for Proof of Power of Attorney and Response to Notice to Vacate I hope this letter finds you well. I am writing in response to the notice to vacate dated [Date of Notice], which was delivered to me via [hand delivery/mail]. I request that you provide documented proof of the Power of Attorney (POA) authorizing you to act on behalf of [Friend's Father's Name]. As the current occupant of [Address of Property], I have the right to verify the legitimacy of any claims made regarding the property. Therefore, please provide the following documents within ten (*) days of receiving this letter: *. A notarized copy of the Power of Attorney document. *. Any court filings or legal documentation supporting your claim. *. Evidence of [Friend's Father's Name]'s mental capacity at the time of signing the POA.
Hi Janelle!
Your letter seems well-structured. I suggest closing it with a clear timeframe for reviewing the documents once received. Here is a concise way to close your letter:
---
Thank you for your prompt attention to this matter. Please forward the requested information within ten (*) days. I will review the documents within five (*) days of receipt. Should you have any questions, feel free to contact me.
Sincerely,
Janelle
---
Would you like any additional guidance?
Do you feel 5 days is an adequate amount of time to review and research a power of attorney for my friend's father who we feel it's invalid this man is just a drunk buddy of my friend's father from the VFW that's the only relationship this man and my friend's father have ever had was getting drunk at the VFW and now my friend's father's in a nursing home with dementia and a brain aneurysm and instead of someone from his church which he attended very regularly being his power of attorney it's just awfully strange that somebody that he's around only when he's drunk ends up with power of attorney
Five days is a reasonable amount of time to review a Power of Attorney (POA) document. Given the circumstances you described, challenging the validity of the POA could be warranted due to potential undue influence or lack of mental capacity.
Would you like more information on how to proceed with contesting the POA?
Absolutely would love more information anything and everything would be helpful
Certainly, Janelle! Here are some steps to consider when contesting a Power of Attorney (POA):
- Gather Evidence: Collect all relevant documents, including medical records that demonstrate your friend's father's mental state.
- Consult an Attorney: It’s crucial to get legal advice from an attorney specializing in elder law.
- File a Petition: You may need to file a petition in court to challenge the POA, claiming undue influence or lack of mental capacity.
- Notify Interested Parties: Inform all parties involved about the contestation.
Would you like more details on any specific step?
I just know that my friend herself is in a wheelchair and has limited funds like $* a month so paying for an attorney and all the court costs and filing fees is going to be a real challenge within 5 days
Janelle, I understand the financial difficulty. Here are some options for low-cost or free legal help in Jacksonville, FL:
- Legal Aid Society of the Jacksonville Bar Association
- Website: www.jaxlegalaid.org
- Phone: (*) *-*
Would you like more information on any of these resources?