A Power of Attorney is a very important and useful tool. It is often used in elder care so that the named agent can manage the finances of the principal. While the agent under a power of attorney can do many things, some things are prohibited. For example, an agent under a power of attorney
Abuse of a Power of Attorney is a Crime
According to the American Bar Association Commission on Law and Aging, too many criminal justice professionals lack awareness in the role they can play in holding offenders accountable. An agent who violates the duty owed to the principal may have committee one or more crimes. The agent may have violated state and federal laws, including laws
Who Has Standing to Challenge the Actions of an Agent Under a Power of Attorney?
Recent changes were made to Pennsylvania’s power of attorney statute by Act 95 which was enacted in 2014 and amended Title 20, Chapter 56 of the PEF Code. All of the Act’s provisions have been effective since January 1, 2015.
PEF Code Section 5601.3(d)(1) provides that an agent shall not be required to disclose receipts
Bad News for Agents under Powers of Attorney
The Pennsylvania Supreme Court has issued a decision holding that a third party that relies on a power of attorney is not immune from liability if the power of attorney is not valid. This decision calls into question third parties’ acceptance of powers of attorney.
In recent years I have been increasingly frustrated by the
Former Caretaker Convicted of Ripping Off Elderly Woman
The Springfield, Illinois State Journal-Register reports:
"Sandra Gayle, 65, of Springfield was convicted of financial exploitation of the elderly and financial exploitation of a person with a disability. A Sangamon County jury deliberated a little more than an hour Friday before returning the verdict.
Prosecutors introduced testimony over the course of the four-day trial to
Power of Attorney Abuse
In Brodsky Estate. (O.C. Div. Montg), 29 Fiduc. Rep. 2d 57, December 11, 2008, objections were made to an account of the agent, Brent Brodsky,after the principal’s, Cecilia Brodsky’s, death. The agent was surcharged $210,000 for transferring funds to himself from an account in joint names between agent and principal. The funds had been contributed solely by
Power of Attorney Abuse
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
Abuse of Power of Attorney
Agents acting under durable powers of attorney are in a position to abuse their powers. Vulnerable elderly principals can be taken advantage of by the very persons they appointed to this position of trust.
Dennis R. Roddy, writing for the Pittsburgh Gazette, addressed this issue in "Courting Trouble: The document granting ‘power of attorney
Power of Attorney Abuse
Neil Hendershot has an excellent post about POA Abuse here which includes the research report "Power of Attorney Abuse: What States Can Do About It."
The most egregious abuse is where the agent simply takes (that is, steals) the principal’s money for is or her own purposes. But there are many other type of
How to Act as an Agent under a Power of Attorney
And stay out of trouble!
More and more agents are being asked to account for their actions and more and more litigaiton is aimed at agents who abuse their powers, especially by making gifts to themseles. Learn how to do it right and stay out of trouble.
When you agree to serve as attorney-in-fact under