It is common for the person who has been given the job of acting as a Power of Attorney to believe that they are “in charge” and that they can do whatever they want. This is NOT true!
An agent acting under a Power of Attorney is a fiduciary (that means that they hold a position of trust and must act in the best interests of the person who gave them the power). An agent under a Power of Attorney can be asked to account for the money and assets they are taking care of as an agent. It is important to keep receipts for everything.
An Agent under a Power of Attorney does NOT have the right to do anything that the person who gave them the authority does not want them to. Unfortunately overriding someone’s wishes requires court authority even if they have dementia. If you are an agent for someone, it might be wise to talk to an Elder Law Attorney like myself just to make sure you are not making a mistake that would cost you money.
