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Breach of Duty: If the attorney/agent is not acting with the principal's wishes or best interests in mind, it might be necessary to override the power of attorney. Misconduct: If the agent becomes incapacitated, behaves irresponsibly, or fails to fulfill their duties, it could prompt a someone to invalidate the POA.
Who should you choose for power of attorney? Is trustworthy and fair minded. Understands your wishes and your values. Is willing to serve in the role of POA. Understands the duties required of them and is committed to taking them seriously.
There is always some risk involved when you give someone else the power to manage your affairs. The authority you give someone to act for you can be abused. Depending on the type of authority given, an attorney can do things like sell property, enter into a mortgage or decide where you should live.
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.
A durable power of attorney contains a ?durability clause,? which is a provision permitting your designated attorney-in-fact to act on your behalf in the event you are unable to handle your affairs. A general power of attorney permits your attorney-in-fact to act on your behalf in all of your personal affairs.
A Power Of Attorney Doesn't Address What Happens to Assets After Your Death. A power of attorney ends at your death, so it does not do anything to protect your wealth after you are gone or to facilitate the timely transfer of assets to loved ones.
A Power of attorney is a written instrument whereby one person, as the principal, appoints another to act as his or her agent , giving them the authority to perform certain acts on their behalf.