When I joined a support group for caregivers of loved ones with dementia, the leader advised me to obtain Powers of Attorney for my loved one. I smiled and informed her that I was an Elder Law Attorney and had everything legally under control. Since then, I’ve volunteered to speak to many caregiver groups about Powers of Attorney and found that there are widespread misunderstandings about the role of the Agent (Attorney-in-Fact) acting under a Power of Attorney.
One common misconception is that the Agent can override the principal’s wishes and make decisions unilaterally. In reality, an Agent can be dismissed, and their authority can be revoked if the principal disagrees with their actions. Another misconception is that a Power of Attorney can protect someone from scammers. Unfortunately, this is not true; the principal can still write checks or use their debit card unless a Conservator is appointed.
Powers of Attorney should not be taken lightly. Once granted, there is a risk of misuse, and the principal could potentially have their funds stolen. While you can pursue legal action for elder abuse or demand an accounting, there is no specific agency that enforces these rights. Adult Protective Services has limited authority and cannot recover lost funds.
As an Elder Law Attorney, I ensure that my clients keep thorough records, especially for significant decisions like selling a property. If there is a major disagreement, such as a loved one not wanting to sell their home, I require additional documentation to support the decision. Unfortunately, if disputes escalate, court intervention might become necessary, as an Agent selling property against the principal’s wishes could face lawsuits. Litigation is costly, regardless of the outcome.
To prevent these issues, I offer services such as family meetings or informal mediation. I have successfully helped Agents, their loved ones, and their families work together to avoid costly court proceedings. If you are managing a Power of Attorney and need guidance, or if you want to ensure your family is on the same page, give me a call.
