Power of Attorney Abuse

Aunt Gertrude, our elderly character, and her niece Milly, the attorney in fact through Aunt Gertrude’s Power of Attorney, face life every day, just like you and I do. The difference is that there is this added level of responsibility for Milly. She not only takes care of her own life, her own needs, and her own dreams, but she is the attorney in fact for her Aunt Gertrude. So what does that mean to Milly? What added responsibility does Milly carry? And what does Milly get for taking on this burden?

How about payment?

This step is often completely overlooked. Aunt […]

Most of us have an “Aunt Gertrude” who needs someone to help look after them.  Perhaps she’s a little less spry than she used to be. Perhaps she is less clear than she used to be when you talk to her. You wouldn’t want her to have to live in a nursing home, but you can’t have her living in your home.  So what do we do?

A power of attorney document can be drafted without limitations, such is a durable power of attorney. It can also be drafted with limitations, a limited power of attorney. There are advantages to a limited power of attorney. I will discuss a few of the more common limited powers which I have seen.

First, an Attorney-in-Fact’s powers can be limited by time. If you know you will be out of the country for a certain amount of time, the power of attorney document can state that it is valid “until I return to Cumberland County sui juris (in my right mind).” […]

Suppose we have to remove an attorney in fact. Suppose that Aunt Gertrude’s attorney in fact, her niece Milly, has been less-than-honest with her Aunt Gertrude. How does Aunt Gertrude go about removing her? Every state has different laws, so your Aunt Gertrude will have to be sure that she is taking actions which work for her situation and in her jurisdiction.