Get UNIFORM POWER OF ATTORNEY ACT

26 states have adopted the UPOAA: Alabama, Arkansas, Colorado, Connecticut, Georgia, Hawaii, Idaho, Iowa, Maine, Maryland, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

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.

The UPOAA was designed to correct shortcomings of both the Uniform Probate Code and the Durable Power of Attorney by superseding them both. It consisted of four distinct articles: The general rules governing the "creation and use" of power of attorney. The definitions used by the UPOAA.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal.

Uniform Statutory Form Power of Attorney Act¹ provides a. short statutory form that gives the agent (attorney in fact) authority to act with respect to one or more of 13 categories of. transactions or matters, such as "real property transactions" or. "banking and other financial institution transactions."