Statistics on power of attorney abuse are
hard to come by, but experts recognize it as a prevalent problem.
There will come a time at which
you will need to legally delegate someone to handle your financial matters.
This legal delegation, known as a “power of attorney,” is one of the most
significant decisions you will ever make. But beware - it can also be a license
to steal if put in the wrong hands.
A “power of attorney” is one of
the most fundamental legal instruments you will ever create. In fact, everyone
upon becoming a “legal adult” (varies by state law) ought to appoint one or
more “attorneys-in-fact” to handle financial matters in the event of
incapacity. The alternative is an unpleasant (and expensive) adventure in the
But a power of attorney has an
unfortunate downside, especially in the form of financial “elder abuse.” It can
become a license to steal.
The problem of abuse by way of a
power of attorney is nothing new. In fact, a recent article in MarketWatch took up the matter. The article,
titled “Power of attorney: It’s easily abused,”
noted that 34% of all elder abuse doesn’t originate with credit card fraud,
bogus lotteries, or emails from captive African princes. No, it is due to
family members who have access and maybe even the power of attorney to dispose
of accounts as they see fit.
The importance of your selection
of attorneys-in-fact cannot be stressed enough. This is one of those decisions
when the entire family ought to be apprised and alerted to who is going to do
what and why.
(March 19, 2013) “Power of attorney: It’s easily abused”