Why Have a Power of Attorney (POA)? Forms Why Have a Power of 2025

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Advantages of Durable Powers of Attorney Continuity of Management. Avoidance of Guardianship. Flexibility. Choice of Agent. Potential for Abuse. Complexity in Execution. Legal Acceptance. Difficulties in Agent Selection.
A power of attorney gives you control over which family members have the authority to act on your behalf if you become physically or mentally incapacitated. If you do not have a power of attorney in place, you run the risk of conflict within your family over who should make decisions for you.
Potential Disadvantages of Being a Power of Attorney If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.
Three Key Disadvantages: 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.
Power of Attorney (POA) is a Powerful Legal Document Depending on the type of POA, your agent can withdraw money from your bank accounts. First, lets look at a POA with even more power than taking money out of your accounts. The healthcare POA is close to having power over life and death.

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When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.

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