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What Is a Power of Attorney POA?
By malpractice
Have you been asked to sign a Power of Attorney (POA) and are unsure what it is, or what rights you are giving the person who has asked you to sign? What is a power of attorney anyway?
A Power of Attorney is a letter that authorizes one person to act on someone else’s behalf in legal and/or business matters. The person authorizing the other to act is the principal or granter of the power (you), and the one authorized to act is the agent, sometimes called the “attorney-in-fact”.
What Does a Power of Attorney Authorize The Agent to Do?
There are many different types of POAs, and each can be further customized to suit the requirements of the granter (you). In short, it all depends on what’s in the contract. Is it a health care POA, living will, real estate POA, investment POA… Prior to signing a POA it is advised that you contact a lawyer to help you understand what is involved in the document and what you are authorizing the agent to do. However, there are certain things we know are not included in standard POAs:
What Does a Power of Attorney NOT Authorize an Agent to Do?
Although laws differ from state to state, in general a POA does not: forbid you from revoking it at any time, or permit the agent to change the POA without your permission. A POA does not give someone permission to act in their own self-interests to the cost of your interests.
In short, a power of attorney just a document that authorizes one person to handle the affairs of another. The document can cover many topics, from what happens to you in the event that you are incapacitated to make decisions about your healthcare, and what is to be done with your estate after death, to the investment of your money or the purchasing of real estate. It can be customized like any other contract, and therefore it is difficult to say what can and cannot be covered in a POA.
What Can I Do If The Person to Whom I Gave Power of Attorney Did Not Act in My Best Interests?
If you feel an agent acting on your behalf has not acted in your best interests you should contact a professional malpractice attorney for a case evaluation. One look at the document should allow them to evaluate whether or not you have been a victim of malpractice or fraud.
The best defense is a good offense. Be sure to have an independent attorney look over the POA prior to signing anything.
Topics: Professional Malpractice |