Is There a Downside to Being a Power of Attorney? - Moen Sheehan Meyer (2024)

As your parents age, they may start to think about who will handle their affairs if they are unable to do so. They may wish to assign someone the legal authority to act on their behalf if they become incapacitated. One option is to assign power of attorney to a person of trust. The power of attorney allows the person named to make decisions and take care of financial and other matters. Many people wonder if there is a downside to being a power of attorney.

What is a Power of Attorney?

A power of attorney (POA) is a document that gives someone legal authority to act on your behalf. The person named becomes an agent and is thereby legally able to make decisions and take actions on behalf of the principal. Legal authority may be broad or limited and may allow decisions regarding finances, medical treatment, and/or property. A person names and puts a power of attorney in place ahead of when it is needed. A durable power of attorney goes into effect if the principal becomes unable to handle his or her own personal affairs.

Fiduciary Duty

A person who is appointed as power of attorney has a fiduciary duty to act ethically and in the best interest of the principal. Specifically, the fiduciary responsibilities include duties of care, loyalty, good faith, confidentiality, prudence, and a duty to disclose. There may be consequences for breaching fiduciary duty. A person with power of attorney must make important decisions that could have a long-term impact on the principal and his or her family. The principal should discuss the details of their personal affairs with the person appointed power of attorney before they sign the documents.

Potential Disadvantages of Being a Power of Attorney

There are some potential disadvantages of being a power of attorney. The POA must be able to make serious choices that could involve the person’s health and estate. If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable. This can occur, for example, if you co-sign on debts. You could also be liable if you jointly own bank accounts or other accounts with the principal. If the principal is unable to repay the debt, you would have to repay it yourself.

As a POA, you must take care to act responsibly at all times. You must keep in mind that the principal may be able to take legal action against you if you do something wrong or illegal. The job of POA is a very important one and one that you cannot take lightly. It is often in the best interest of a POA to seek legal guidance, particularly in complex situations. To learn more about the power of attorney, contact us online or at (608) 784-8310.

Posted in Estate Planning

Is There a Downside to Being a Power of Attorney? - Moen Sheehan Meyer (2024)

FAQs

Is There a Downside to Being a Power of Attorney? - Moen Sheehan Meyer? ›

Potential Disadvantages of Being a Power of Attorney

What are the negatives of being a power of attorney? ›

Potential for Misuse: The most significant risk associated with a POA is the potential for misuse by the appointed agent. Despite the legal obligation for the agent to act in the principal's best interest, sometimes the power granted was exploited.

What are the disadvantages of a healthcare power of attorney? ›

The Cons of a Healthcare Power of Attorney
  • Develop a new health condition that changes which types of treatment you want or need to receive.
  • Have a falling out with the person to whom you designated power of attorney or otherwise decide that you no longer want them to have that power.

What three decisions cannot be made by a legal power of attorney? ›

When someone makes you the agent in their power of attorney, you cannot:
  • Write a will for them, nor can you edit their current will.
  • Take money directly from their bank accounts.
  • Make decisions after the person you are representing dies.
  • Give away your role as agent in the power of attorney.

What is the most recommended type of power of attorney? ›

More often than not, our clients opt for the General Durable Power of Attorney (a mix of the Durable and General Power of Attorney) for it's ease of use by the Agent, and sustainability over the lifetime of the Prinicipal.

What are the liabilities of being a power of attorney? ›

Even though you don't need to pay the principal's bills out of your own pocket, you do have some important financial responsibilities. Through the POA, you serve as an agent and fiduciary for the principal. That role makes you responsible for properly managing their money, assets, and debts.

Which of the following best defines a durable power of attorney for healthcare? ›

A Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself.

Why is a healthcare power of attorney important? ›

A medical power of attorney (or healthcare power of attorney) is a legal document that lets you give someone legal authority to make important decisions about your medical care. These decisions could be about treatment options, medication, surgery, end-of-life care, and more.

How is a healthcare power of attorney different from a durable power of attorney quizlet? ›

Distinguish between a health care proxy and a durable power of attorney. A health care proxy is a health care power of attorney. A durable power of attorney allows patients to designate an individual to act on their behalf in all matters, not just health care issues.

What does power of attorney give you authority over? ›

A power of attorney (POA) is a legal authorization that gives the agent or attorney-in-fact the authority to act on behalf of an individual referred to as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

How much does it cost to get power of attorney UK? ›

How much it costs. It costs £82 to register each LPA unless you get a reduction or exemption. This means it costs £164 to register both a property and financial affairs LPA and a health and welfare LPA .

What is more powerful than power of attorney? ›

Unlike power of attorney, a California conservatorship is done through a court order, has more steps involved, and is not initiated by the person whose rights are being transferred. Here the court decides when a person is incapacitated and will benefit from a representative to make decisions.

What is the best choice for a power of attorney? ›

The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

Which type of power of attorney grants the greatest powers? ›

General power of attorney

With a general power of attorney, you authorize your agent to act for you in all situations allowed by local law. This includes legal, financial, health, and business matters.

What are the limitations of a medical power of attorney in Texas? ›

Medical powers of attorney authorize healthcare agents to make nearly any decision the principal themselves could. In Texas, this excludes voluntary inpatient mental health treatment or any psychotherapy, electroshock procedures, abortion, assisted suicide or anything limiting comfort care.

Who can be a medical power of attorney in Texas? ›

Anyone 18 years or older can serve as your agent, except for the following persons: Your doctor or other heath care provider. An employee of your doctor or health care provider, unless that person is your relative. Your residential care provider.

How to get medical power of attorney in Florida? ›

How do I get a Medical Power of Attorney in Florida?
  1. Make the document - Answer a few simple questions and we will do the rest.
  2. Send or share - Go over the document with your agent(s) or get legal help.
  3. Sign and make it legal - Required or not, notarization and witnesses are a best practice.

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