How much control does a power of attorney have? Can they be overruled?

Generally, the scope of the power of attorney is defined within the document itself. It sounds like there have been some dramatic recent changes to your aunt's condition, as well as to the person managing her affairs. Many times, when a patient elects to undergo hospice treatment, she does not want to be exposed to visits from lots of people, including family members --- these visits can be very draining, physically and emotionally. In such a case, the person with an appropriate power of attorney is doing his job by shielding her from those visits. Then again, it is all to frequent these days for abuse to occur, and cutting off an elderly individual from her family is a significant red-flag, especially if the person now claiming to have power of attorney has not had much involvement with your aunt for twenty years. If you are concerned about your aunt's situation and condition, you should approach her doctor and her hospice social worker, and if that they are unable to allay your concerns, then you (and perhaps your father together) should immediately consult with an elder law attorney to see what can be done to make sure that no one is taking advantage of your aunt. Disclaimer: I am not admitted to practice in Michigan. This general response is not intended to create an attorney-client relationship.

I think that Attorney Rossmeissl's advice was very sound and I agree with what he said. There are some red flags in your situation. I would also want to know why your father was removed as POA. In answer to your specific questions, an agent or "attorney-in-fact" under a Power of Attorney form has almost all of the rights and powers of a guardian and conservator, without being appointed by a probate court. Before challenging the agent, I would try to find out more about how and why this was done. I think the idea to contact the social worker or doctor is a good one, but I do not know whether they will be willing to speak with you or not, except in extremely general terms. They *may* be willing to relay messages to your aunt, however, including a request to see her. Given your aunt's medical condition, she has possibly opened the door to challenges to her estate plan, upon her death. I would try to find out as much information as you can, however, before openly challenging your uncle or bringing this matter to the probate court. Best of luck to you! James Frederick