Duties and Powers
- It ALWAYS depends on state law and the terms of the power of attorney
- State laws provide default rules about what an agent can and cannot do, but you may choose specific rules expanding or restricting those powers.
- You may give your agent very broad powers or you may restrict your agent to handling a very small set of tasks for you.
- You may also choose when your agent can exercise these powers, such as restricting the powers so they are only effective if you are unable to make decisions for yourself.
Your Best Interests
Agents are typically required to exercise their powers to benefit you, not to benefit the agent. An agent may be prohibited from taking actions which are not in your best interests or which benefit the agent. These safeguards are in place to prevent an agent from abusing and misusing the powers granted under a power of attorney.
If you have questions about the state laws applicable to your power of attorney or if you have specific questions about the powers that may be given to an agent or the advisability of giving those powers to an agent, you may wish to consult a qualified attorney licensed to practice in your state.
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