Tag: power of attorney mismanaging

Power of Attorney Abuse- What can be Done if my Parent’s Agent (Attorney in Fact) is Mismanaging her Funds?

The scenario is all too common. One child is named the agent (attorney in fact) in Mom or Dad’s Power of Attorney, and uses it to make poor financial decisions on the parent’s behalf or worse, transfers assets into his own name.  What can be done?

A power of attorney typically gives the agent (attorney in fact) the power to perform any financial transactions that the principal (the person giving the powers) can perform.  That is, the agent can usually open and close bank accounts, withdraw funds, buy and sell stocks, etc. 

However, this power is not absolute.  The agent in confined by the terms of the… Read the rest