Klenk Law
Power-of-Attorney-Abuse

Power of Attorney Abuse

Posted on Wed Sep 7, 2016, on Power of Attorney

From Our “Ask a Question” mailbag: How to Prevent Power of Attorney Abuse?

Most Recently Updated August 8, 2018.

Power of Attorney abuse

Power of Attorney Lawyer, Peter Klenk.

 “I have heard stories about Power of Attorney abuse and theft.  So, where do I keep my Bucks County Power of Attorney?”

Power of Attorney Abuse, a Real Problem.

Power of Attorney abuse is a real problem.  A typical durable general power of attorney gives your Agent the authority to access your accounts and sell your assets.  These capabilities are essential so that your Agent can take care of you.  But, they are also powers that can lead to theft and fraud.

See my website for more information about Powers of Attorney,

Prevent Power of Attorney Abuse: Where NOT To Keep Your Power of Attorney Documents.

Keeping your Power of Attorney unsecured in your house is not the best idea if you only want your Agent to have access only if you become incapacitated. Further, storing your Power of Attorney in your safe deposit box also doesn’t work.  If you are incapacitated, your Agent will not be able to access your safe deposit box.

A Power of Attorney Should Be Ready To Use But Sheltered From Abuse.

My clients typically leave the original Durable Power of Attorney in our secure Will Safe.  We do not charge for this service.  The client gives me written instructions authorizing me to release the Power of Attorney.  But, I can release it only if I have proof of the grantor’s incapacity.  I can typically get this proof by contacting the client’s doctor. Using this process allows you to have a Power of Attorney ready to use, but shelters it from abuse.

There are other options to help protect you from Power of Attorney abuse.  These include naming more than one person to act as “Co-Agents.”  You may also choose to utilize a Revocable Living Trust in tandem with your Power of Attorney.  Corporate Agents or Co-Agents also provide a layer of protection.  There are other options which may help, but I would need to know more about you, your assets, and your family.  The best solution is to set up a free consultation where we can go over your situation and craft a plan that best fits your needs.

More Planning Questions?

Preventing power of attorney abuse is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Power of Attorney Abuse

I hope that this article was helpful in explaining ow to prevent power of attorney abuse. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Breach of Fiduciary Duty, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Fiduciary Duty, Living Will, Peter Klenk, Power of Attorney, Revocable Trust, Standard of Care for Fiduciaries

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