Misuse and Abuse of a Power of Attorney

A Power of Attorney is a powerful legal document that allows one person, the agent, to act on behalf of another person, the principal. The agent is required by law to follow the directions of the principal, act in good faith and with due diligence, and not overstep the authority given to the agent by the principal.

If you need help preparing a power of attorney, or wish to include one as part of your estate plan, I recommend contacting an experienced probate and estate planning attorney for assistance. Having a power of attorney prepared by an experienced Ohio lawyer can help prevent abuse of a power of attorney.

General or Specific Powers of Attorney

A power of attorney may be general or specific. A general power of attorney gives the agent power to conduct all of the principal’s legal and business affairs as spelled out in the power of attorney document. A specific power of attorney only gives the agent limited powers, like to complete the sale of a house, for example. To help prevent the abuse of a power of attorney, it is wise to limit, as much as possible, the powers granted to the agent.

How can I tell if someone is abusing a power of attorney?

Abuse of a power of attorney occurs when the agent uses her authority beyond what is allowed in the document, or when she does something that is not in the principal’s best interest. For example, if the agent were to sell the principal’s house and use the proceeds of the sale for herself, she would be abusing her authority. It would also be abuse of a power of attorney to forge the principal’s name on the power of attorney, or to coerce the principal into signing the power of attorney against his wishes.

Powers of attorney are easily abused because they are generally not subject to oversight by the court system or another third party. If the principal becomes incapacitated and can no longer monitor his legal and business affairs, it can be easy for the agent to overstep the bounds of her authority granted by the legal document.

What should I do if I suspect someone is abusing a power of attorney?

If you suspect someone is abusing a power of attorney, it is important to act quickly, usually by contacting an Ohio probate and estate planning attorney or adult protective services. An attorney can assist you and the principal by revoking the power of attorney and seeking return of the stolen money and property.

How can I protect myself and my loved ones from abuse of a power of attorney?

If you or a loved one plans to use a power of attorney, take steps to protect against scams.

• Do not grant a power of attorney to anyone unless you know the person well and completely trust her.
• Do not give the power of attorney to the agent until it is needed. Keep it in a safe deposit box, with your other important legal documents, or at your attorney’s office.
• If a power of attorney was needed but the agent is later able to manage his own affairs, take back the power of attorney.
• If the agent transfers property into her own name, the principal can demand an accounting.
• If the agent refuses to return the property, immediately contact an attorney.

A power of attorney is an important part of your estate planning, and can be invaluable when it comes to assisting a parent or loved one who is incapacitated. But be certain the agent you appoint is someone you trust. If you suspect someone is abusing a power of attorney, contact an experienced Ohio probate and estate planning attorney today.

Concerned About Abuse of a Power of Attorney? Contact Wolfe Legal Services Today

At Wolfe Legal Services. I work with people throughout greater Columbus, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware, and Newark, and throughout Franklin County, Delaware County, Union County, and Licking County. Call (614) 263-5297 any time or complete our online form.