Power of Attorney Abuse- Who Can Challenge the Actions of a Power of Attorney?

Under Ohio law, there are a number of individuals who can challenge the actions of an agent.  An agent is the individual appointed in the power of attorney document to perform financial transaction on behalf of the principal, the person who made the appointment.

• The principal or agent;
• A guardian acting for the principal;
• Executor or administrator of the principal’s estate;
• A person authorized to make health-care decisions for the principal;
• The principal’s spouse, parent or descendant;
• An individual who would qualify as a presumptive heir of the principal;
• A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death;
• A beneficiary of a trust created by or for the principal and who has a financial interest in the principal’s estate;
• The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare;
• A person asked to accept the power of attorney.

If the action is successful and the agent is found to have abused his power, the agent will generally be required to reimburse the principal for any losses the principal has suffered as a result of the agent’s actions as well as attorney’s fees.