The Legal Liability of a Power of Attorney Agent

Download Our Free Estate Planning Guide Were you told that you need a power of attorney agent, but unsure what their legal liability entails?  Buffalo Estate Planning Lawyer Thomas F. Hewner explains what you need to know in the following educational video. If you have questions about estate planning or the legal liability of a power of attorney agent, contact our dedicated attorneys to schedule a consultation. Let our experience work for you.

• A person named as power of attorney is a fiduciary, and owes the person who selected him the duty to handle his care appropriately and to do his best. Everything is geared toward that person’s best interests.
• Older power of attorney forms, contained a line saying the holder of a power of attorney could make gifts, and the courts have ruled that any such gifts must be for the benefit of the individual.
• Gifts can be made to help get the person qualified for Medicaid. Gifts can also be made if the person had a history of gift-giving to charities. Gifts cannot be given merely to enrich the holder of the power of attorney.
• Theoretically, the power of attorney holder can be found liable for civil damages if he abuses its power, and some have gone to jail for misusing a power of attorney to enrich themselves.

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