A Power of Attorney is serious business. It is an important formal instrument that could save your company, property, or even your life. However, the obligation and confidence placed in a person who is given that authority is enormous, and a lot can go awry if care is not taken when forming this connection.
What you’ll discover:
What is the purpose of a Power of Attorney?
What are some instances of Power of Attorney abuse?
How do you spot Power of Attorney abuse?
What should I do if I detect misuse of Power of Attorney?
Table of Contents
What is the purpose of a Power of Attorney?
A Power of Attorney empowers you to appoint a trustworthy individual to make personal, financial, or healthcare choices on your account in the event of a medical catastrophe, deteriorating health, or extended departure. Individuals may find this extremely useful to set up as a means to prepare for anticipated or unforeseen circumstances, such as a prolonged journey overseas or a deteriorating health condition. A Power of Attorney may enable a chosen person to step into your footsteps and keep your company operating if you are incapacitated.
A Power of Attorney is a valuable judicial instrument, but it can also be misused. While a springing Power of Attorney does not take effect until you are judged disabled, a Durable Power of Attorney takes effect immediately and continues in effect even after you are considered incapable. A Durable Power of Attorney is more vulnerable to misuse because it can span a long period of time and incorporate a broad variety of personal or professional matters.
What are some instances of Power of Attorney abuse?
While there are many different types of Power of Attorney abuse, one of the most prevalent is money abuse. This usually includes the employee or person given control abusing the money or possessions under their control.
It is not uncommon for a representative to use money or assets to pay for their services or repay themselves for expenditures, but when those amounts are excessive, it may be deemed financial exploitation. When they spend money or trade assets for reasons other than carrying out their responsibilities as a representative, they may be violating both the law and their obligation to you.
In general, the Power of Attorney representative must operate in your best interests. When an agent abuses their power and fails to act in your best interests, or when an agent uses the Power of Attorney to benefit themselves at your expense, they violate that obligation. When they fail to fulfill that responsibility, they may be breaking state or federal statutes against senior abuse, extortion, larceny, forging, deception, or theft.
Abuse can also take other forms, such as making malicious or poor medical choices, as well as the more frequently associated actions with abuse, such as physical striking, negligence, or emotional abuse.
How do you spot Power of Attorney abuse?
Aside from more apparent symptoms, such as injuries or bed sores, which may indicate physical abuse or negligence, it can be difficult to determine when there is money or other forms of abuse. There isn’t much a person can do from the outside if they don’t have access to account bills and documents.
An operative who appears to be living far beyond their means after assuming charge may merit further inquiry. One factor that may be obvious is if properties are being traded. However, it is possible that this is not an indication of misuse, but rather of poor money administration.
Financial exploitation can be difficult to discover without precise specifics, particularly when high quality treatment is still being given. Because these cases are so special, you should consult with a counsel before acting.
If you discover proof of mistreatment, you can call law enforcement or submit a judicial motion to engage the authorities. Again, it’s critical to seek legal counsel before acting, as doing so may have the reverse impact meant, resulting in the employee using their limited resources to hire an attorney to defend themselves.
What should I do if I detect misuse of Power of Attorney?
The choices for dealing with Power of Attorney misuse will vary depending on the sort of abuse. If it is your own Power of expert, consulting with an expert is a smart first move. You may require assistance to do so. Contacting law enforcement as quickly as feasible after an event, such as bodily abuse or negligence, may be required in some cases.
If the victim of the assault is 60 or older, they may be qualified for complimentary legal representation. To locate relevant programs or determine qualifying for free assistance, use the nationally sponsored Eldercare Locator application or contact 1-800-677-1116.
If you think a friend or loved one is being mistreated or exploited by their Power of Attorney representative, take the following steps:
You can contact local law enforcement if you fear bodily mistreatment or negligence. Evidence, such as photographs, film, or a confession, can be useful.
If you suspect money exploitation that is not immediately apparent, you should consult with an advocate before calling law enforcement. These issues can be quite complicated. What you consider to be irrational behavior may be normal practice.
You can call a state or municipal adult protective care organization, which may examine mistreatment or scams against elders and disabled people. Visit the National Center on Elder Abuse to find your state or municipal organization.
It may sound intimidating to establish a Power of Attorney, but it is an important part of a strong succession plan when a person begins to lose their ability to make choices for themselves, such as when parents age. Having a Power of Attorney representative selected by the individual who will profit from the help is far preferable to the option of a court-ordered guardianship, in which the court decides who makes those choices.
