Can a Power of Attorney Be Challenged?

A power of attorney gives one person broad authority over another's money and affairs, which makes it enormously useful and, in the wrong hands, open to abuse. When family members suspect an agent is misusing that authority, a natural question follows: can a power of attorney actually be challenged? In Washington, the answer is yes, and the law provides several ways to do it. This topic is part of Washington powers of attorney.

What a Power of Attorney Really Is

A power of attorney is a legal document in which one person, the principal, authorizes another person, the agent, to act on the principal's behalf. That authority can cover paying bills, managing bank accounts, selling property, and handling nearly every financial matter. Washington's Power of Attorney Act, chapter 11.125 RCW, sets the rules for how these documents work and, importantly, what an agent is and is not allowed to do. Related guides cover What Is a Financial Power of Attorney? and Is a Washington Power of Attorney Durable by Default? No, and the Missing Sentence Can Cost Your Family Everything It Was For.

One detail that surprises many people is that a Washington power of attorney is not automatically durable, meaning it does not automatically survive the principal's incapacity. Under RCW 11.125.040, the authority terminates when the principal becomes incapacitated unless the document contains specific language showing the principal intended it to continue despite disability. This matters because durable powers of attorney, the kind meant to operate when someone can no longer manage their own affairs, are exactly the ones most likely to be questioned later, when the principal is vulnerable and cannot speak up.

An Agent Is Not Free to Do Whatever They Want

The core reason a power of attorney can be challenged is that the agent is a fiduciary, held to real legal duties. Under RCW 11.125.140, an agent who accepts appointment must act in accordance with the principal's reasonable expectations to the extent the agent knows them and otherwise in the principal's best interest, must act in good faith, and must act only within the scope of authority the document grants. Beyond that, unless the document says otherwise, the agent must act loyally for the principal's benefit, must avoid conflicts of interest that impair impartial judgment, and must act with the care, competence, and diligence ordinarily expected of agents in similar circumstances.

The same statute also requires the agent to keep a record of all receipts, disbursements, and transactions made on the principal's behalf. That recordkeeping duty is what makes many challenges possible, because it gives concerned family members something concrete to ask for.

The Right to Request an Accounting

If you suspect an agent is mishandling money, one of the most direct tools is to demand an accounting. Under RCW 11.125.140, an agent generally is not required to volunteer a record of transactions, but must produce one when ordered by a court or when requested in writing by certain people. Those people include the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency with authority to protect the principal's welfare, and, after the principal's death, the personal representative or successor in interest of the estate. When a proper written request is made, the statute gives the agent thirty days to comply or to explain in writing why more time is needed, followed by an additional thirty days.

That means a family member who has the right standing can put the request in writing and force the agent to open the books. If the accounting reveals unexplained withdrawals, gifts the agent made to themselves, or transactions outside the authority the document granted, that record becomes the foundation of a formal challenge.

Taking the Matter to Court

When something is genuinely wrong, an interested person can ask a court to step in. Washington handles these disputes through its Trust and Estate Dispute Resolution Act, commonly called TEDRA, found at chapter 11.96A RCW. TEDRA gives the courts broad authority to resolve disputes involving powers of attorney and other fiduciary arrangements, and it is the general vehicle through which challenges are brought.

Through the court process, an interested person can ask a judge to review the agent's conduct, to compel a full accounting, to suspend or remove an agent who is breaching their duties, and to order the agent to repay money that was taken improperly. If the power of attorney itself was obtained through fraud or undue influence, meaning the principal was deceived or pressured into signing, a court can invalidate the document. Undue influence often comes up when a person in a position of trust isolates an elderly or vulnerable principal and steers them into signing a document that benefits the influencer. Proving it takes evidence, but the law recognizes the problem and provides a remedy.

Common Questions Families Ask

People often ask who is allowed to challenge a power of attorney. Generally, an interested person, such as the principal, a family member, a guardian or conservator, or another fiduciary, has standing, and after death the estate's personal representative can act. Simply disliking the agent's choices is not enough; the challenge needs to point to a breach of duty, a lack of authority, or a defect like fraud or undue influence.

Another common question is whether the principal can just revoke the document instead of litigating. If the principal still has capacity, revoking and naming a trusted agent is often the cleanest fix. The harder cases arise when the principal has lost capacity and can no longer protect themselves, which is exactly when court involvement becomes necessary.

Families in Snohomish County also ask how quickly they should act. Because assets can be depleted while a challenge is pending, moving promptly to request an accounting and, if needed, to ask a court to suspend the agent can prevent further loss.

Protecting a Loved One From Financial Abuse

If you believe someone is misusing a power of attorney over a parent or other loved one, you do not have to accept it, and the sooner you act the more you may be able to recover or prevent. The Law Office of Chad Foster helps Snohomish County families hold agents accountable and, where necessary, challenge a power of attorney in court. Reach out to discuss what you are seeing and what can be done.