Probate Hack – Remove Power of Attorney

If a family member, friend, or third party acting as power of attorney (agent) fails to act in the best interest of the principal (person delegating authority to the agent), there is the option to bring the matter to a judge in Probate Court under Probate Code Sections 4541 and 4545, forcing the removal of the Power of Attorney who is breaching his or her fiduciary duties.

In addition to the removal of the power of attorney, the petitioning party can ask that the Court to order an accounting, recognize a new successor power of attorney, and compel the removed bad faith power of attorney to pay the petitioning party’s court related attorney fees.

Having a specific determination on the Power of Attorney is less complicated and costly than instituting a conservatorship.


Author: Hanlen Chang

The Law Offices of Hanlen J. Chang is located in San Francisco, California. Mr. Chang is a graduate of Southwestern Law School and UC Santa Barbara. Mr. Chang’s Legal Practice is focused on Estate Planning (with an international subspeciality), Business Law, and Real Estate. Mr. Chang is a member of the Bar Association of San Francisco – International Law & Practice Executive Committee.