A Power of Attorney (POA) is a document whereby a person gives to another person the power and authority to act on behalf of the person signing the Power of Attorney. The Power of Attorney document can take many forms. Some are very specialized in that they allow the person having the power to only perform certain acts. Others are very generalized and allow the person having the power to perform any act that the person giving the power could perform.

Issues can arise where a person having a POA can abuse their authority. The person having the POA must act prudently. They must always act in the best interests of the person who gave them the POA. If a person who has a POA acts wrongfully or negligently the assets of the person giving the POA may lose value or may be lost altogether. A typical situation arises where an elderly person signs a POA giving a family member power to control their assets. This family member may utilize the POA wrongfully, resulting in the dissipation of assets that the elderly family member needs for his or her financial wellbeing. Action can be taken to control the actions of the person having the POA or to terminate their power.

This is an area of the law that calls for competent, experienced legal counsel. The type of attorney that can fight to protect the assets of infirm or incapacitated individuals. If this situation exists in your family and you want to know what you can do to protect a loved one contact THE BROWN DePINTO LAW FIRM today to see if we can help you.