Idaho Lawyers See Power of Attorney Abuse on the Rise

Idaho Lawyers See Power of Attorney Abuse on the Rise

The Boise, Idaho, estate litigation lawyers have seen an increase in the exploitation of the elderly through Powers of Attorney. Make no mistake about it; abusing the duties imposed under Idaho law for the holders of Powers of Attorney is tantamount to stealing.  Attorneys in Boise, Idaho have significant experience in rectifying the misuse and abuse of a Powers of Attorney. Our Firm can aggressively assist in recovery of the exploited funds.

An Idaho Power of Attorney gives someone else the legal capability and power to act on behalf of the person who signed the document. Powers of Attorney often entail taking over extremely important day-to-day affairs of another and they usually involve legally taking over their finances. While powers of attorney can be an effective tool to assist elderly and other persons with diminished capacity and ability, they can easily be used to exploit the elderly or other persons with diminished mental or physical capacity. What is more, Power of Attorney documents are easily obtainable here in the Boise area and can be purchased in kits from office and legal supply stores or downloaded online, sometimes free.

In these troubled economic times, family members, friends, and other persons have at times been using Powers of Attorney for their own financial gain, taking advantage of the elderly through the use of these documents. If this abuse goes unchecked, the assets, and sources of income for an elderly or incapacitated person can be devastated. In fact, the damage done to a person’s estate can be limitless and usually is permanent except in rare circumstances when it is possible to recover the assets back from the party who abused the Power of Attorney.

It is sad, but necessary, in this day and time to be very guarded and protective of anyone who has given a Power of Attorney. Even here in Boise, Idaho, this is as true even for a family member. As the old adage says: It is often the ones to whom you are closest that hurt you the most. In fact, it is often the family member or friend who borrows a little money with the characterless belief they will pay it back who is the one who will abuse a Power of Attorney.

With the economy worsening, the temptation to acquire and/or abuse a Power of Attorney is ripe for occurring.

 Setting up the Power of Attorney properly can decrease the chances of abuse.  In doing so, a person should:

• Seek advice and retain an attorney in the Boise area to create the Power of Attorney and explain how it works.
• Limit the powers granted under the Power of Attorney to those duties necessary for the purpose of the document. A “blanket” Power of Attorney can be dangerous!
• Require the agent to keep all documentation pursuant to the Power of Attorney, such as receipts, bank statements, a daily or weekly journal or account ledger, etc.
• It is best to have one person as agent under a Power of Attorney as co-powers of attorney only create confusion and result in disagreements.
• Should you be acting under a Power of Attorney for another here in Idaho, keep detailed, hard copy, and electronic copies of all records. Remember, you have a fiduciary duty as you are acting on behalf of another person. You are required by Idaho law to do what is in the best interest of the other person, which may be contrary to your own best interest and wishes.

Boise estate and probate lawyers advocate that any Idaho Power of Attorney should only be entered into after serious consideration, substantial disclosure, and with protections in place.

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