Welcome back to the POA’s Desk.

In the last episode, we covered Apostille and consular attestation. Today, we look at what happens when a Power of Attorney is challenged—and how those disputes are resolved.

Most POAs work exactly as intended. The principal grants authority, the attorney acts within that authority, and the transaction completes. Occasionally, however, the POA itself becomes the subject of a dispute.

Challenges usually fall into a few categories. A principal may claim the signature was forged or obtained under duress. An attorney may be accused of acting beyond the authority granted. A buyer or third party may question whether the POA was properly executed. Heirs may argue the principal lacked legal capacity when signing, or a bank may later conclude that a POA it accepted should never have been relied upon.