Protecting Yourself From Your Agent Under a Power of Attorney

A power of attorney is a document that can be more important than your will or your trust because it impacts your assets as the maker of the power during your life. While you may believe that the intention of your agent is good, you should know that you have options.

A. You can require your agent under a power of attorney to be required to account to you, and a third party if you are incapacitated. Requiring accountability to an outsider provides for someone to look over the shoulder of the agent under the power of attorney.

B. You can restrict your agent from taking any action that personally benefits him while you are alive. You should restrict gifting and transfers to the agent that benefit the agent, as a way to protect yourself.

C. You can prohibit the agent from acting in certain ways, for example. You can require that your agent must allow all of your family members the right to visit you. This becomes very important because often, agents believe they can keep all people away from you.

D. You can specify the type of housing your agent can prove to you, by building language that limits his contracts.

To talk about protecting you and your power of attorney with an expert estate lawyer in San Fernando Valley and in Los Angeles about your power of attorney, or abuse of a power of attorney, call Mina Sirkin, counsel to elders. 818.340.4479 or email: Protection by Power of Attorney San Fernando Valley and Glendale.