The Legal Liability of a Power of Attorney Agent
Download Our Free Estate Planning Guide- 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.
Guardianship for Minor Children: Addressing Your Concerns in Your Will in Amherst
Ensuring the well-being and future of your children is a top priority for every parent. [...]
No-Contest Clauses: Can They Prevent Will Challenges in Wyoming County, New York?
In the realm of estate planning and will creation, individuals seek to ensure that their [...]
Understanding the Basics: What Is a Will and Why Do You Need One in Buffalo, New York?
Life is unpredictable, and it’s essential to be prepared for the future, especially when it [...]
