Save Unlimited Power Of Attorney in DOC

Aug 6th, 2022
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How to Save Unlimited Power Of Attorney in DOC

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In this video, estate planning attorney Paul Ramilah discusses the misuse of power under a power of attorney (POA). He explains that when a principal, such as a mother, grants POA to an agent, like her daughter, the agent has a legal duty to act in the principal's best interest. Abuse occurs when the agent takes actions that are not aligned with the principal's well-being. Ramilah addresses concerns about granting POA, clarifying that it does not give the agent unrestricted authority to take the principal's money or act selfishly. The agent is bound by legal obligations to prioritize the principal's interests.

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A general power of attorney grants broad powers to an agent. Essentially, the agent has the same authority as you have to make decisions, handle your financial affairs and manage your assets. One notable exception to this is that agents cannot gift money or property belonging to the principal to themselves.
A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the persons freedom to handle your assets and manage your care. A limited power of attorney restricts the agents power to particular assets.
Disadvantages Your loved ones competence at the time of writing the power of attorney might be questioned later. Some financial institutions require that the document be written on special forms. Some institutions may refuse to recognize a document after six months to one year.
A nondurable POA has more limitations than a durable power of attorney. For example, with any power of attorney, you can revoke or change the powers granted at any time using specific legal procedures, but with a nondurable POA, there are additional triggers that can bring the arrangement to an end.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
Through the POA, you serve as an agent and fiduciary for the principal. That role makes you responsible for properly managing their money, assets, and debts. And that includes decisions on how to handle their debts.

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