Power of Attorney Abuse and Misuse
35 هزار بار بازدید -
3 سال پیش
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Power of Attorney Abuse - When someone who has been given a power of attorney (agent) takes an action that is not in the best interest of the person who gave power of attorney (principal).
An agent, under a power of attorney, has a legal duty to act in the best interests of the principal. The agent should be trustworthy and perhaps act consistently with the decisions that the principal had made for themselves before becoming incapacitated.
Failing to keep records and account for all of the money and property they are handling.
Self dealing
Misappropriation (credit card fraud). Treat principal’s bank account like it is your own.
Coercion into making a POA
Theft
It is tough to file an action for abuse of POA power because the person that is harmed from the abuse of power is often incapacitated. Usually the remedy is for some other person to initiate a guardianship or conservatorship proceeding to become the legal guardian of the principal and override actions of the agent - that is expensive and adversarial.
At best, creates serious sibling conflict. At worst, it could be a criminal action. Have you seen examples of power of attorney abuse?
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Power of Attorney Abuse - When someone who has been given a power of attorney (agent) takes an action that is not in the best interest of the person who gave power of attorney (principal).
An agent, under a power of attorney, has a legal duty to act in the best interests of the principal. The agent should be trustworthy and perhaps act consistently with the decisions that the principal had made for themselves before becoming incapacitated.
Failing to keep records and account for all of the money and property they are handling.
Self dealing
Misappropriation (credit card fraud). Treat principal’s bank account like it is your own.
Coercion into making a POA
Theft
It is tough to file an action for abuse of POA power because the person that is harmed from the abuse of power is often incapacitated. Usually the remedy is for some other person to initiate a guardianship or conservatorship proceeding to become the legal guardian of the principal and override actions of the agent - that is expensive and adversarial.
At best, creates serious sibling conflict. At worst, it could be a criminal action. Have you seen examples of power of attorney abuse?
3 سال پیش
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