Power of Attorney Abuse

Posted on February 22, 2009 by Patti Spencer

The AARP Public Policy Institute has issued a report entitled Power of Attorney Abuse:  What States Can Do About It. 

Also see this summary of the report by Naomi Karp, J.D.,  In Brief: Power of Attorney Abuse: What States Can Do About It.

The ABA Commission staff, AARP staff, and advisory committee members identified 21 provisions in the Uniform Power of Attorney Act ("UPOAA") that protect against abuse and promote autonomy.  These provisions seek to fix the three inherent problems with the POA:

1.  The breadth of control that an agent generally has over the Principal's property

2.  The lack of third-party oversight of the agent's actions if the principal has become incapacitated, and

3.  The lack of legal standards and clarity about the duty owed by the agent to the principal.

For a case in point, read about the financial elder abuse of New York Philanthropist and socialite Brooke Astor.

 

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