The misuse of powers of attorney to exploit the elderly appears to be on the rise, but a new AARP report says that states can improve protections for older people by adopting a model law that addresses this type of abuse.
For most people, the power of attorney (POA) is the most important estate planning instrument -- even more useful than a will. But while a POA avoids the costly and time-consuming process of having a court appoint a guardian or conservator, it also confers a great deal of authority on the agent. This is why advocates for the elderly often call the POA a "license to steal."
Increasingly, it seems, dishonest agents have been taking advantage of this license. AARP says that adult protective services and criminal justice professionals are reporting "an explosion" of financial exploitation cases of this type against the elderly.
In 2006, the Uniform Law Commissioners, which draft and propose model laws for states, approved the Uniform Power of Attorney Act (UPOAA) to offer states a set of provisions that will protect people who executive POAs and discourage abuse. The UPOAA includes stringent requirements for agents to exercise certain powers and provisions making malfeasant agents liable for damages, attorney's fees and costs.
New Mexico and Idaho -- have enacted the UPOAA and 12 states are considering adopting it in 2009. AARP's study of current state POA statutes found that "a large majority of state laws lack most of the UPOAA's protections for individuals creating powers of attorney."
The AARP report,“Power of Attorney Abuse: What States Can Do About It,” compiled by the American Bar Association Commission on Law and Aging under contract to AARP, offers advocates tips for enacting the UPOAA provisions and includes a list of stakeholders who may want to collaborate in the study and recommendation process.
Source:
AARP Report Says States Have Power to Curb Power of Attorney Abuse
See also:
Power of attorney can victimize elderly - Agents can write checks, sell seniors' property
For most people, the power of attorney (POA) is the most important estate planning instrument -- even more useful than a will. But while a POA avoids the costly and time-consuming process of having a court appoint a guardian or conservator, it also confers a great deal of authority on the agent. This is why advocates for the elderly often call the POA a "license to steal."
Increasingly, it seems, dishonest agents have been taking advantage of this license. AARP says that adult protective services and criminal justice professionals are reporting "an explosion" of financial exploitation cases of this type against the elderly.
In 2006, the Uniform Law Commissioners, which draft and propose model laws for states, approved the Uniform Power of Attorney Act (UPOAA) to offer states a set of provisions that will protect people who executive POAs and discourage abuse. The UPOAA includes stringent requirements for agents to exercise certain powers and provisions making malfeasant agents liable for damages, attorney's fees and costs.
New Mexico and Idaho -- have enacted the UPOAA and 12 states are considering adopting it in 2009. AARP's study of current state POA statutes found that "a large majority of state laws lack most of the UPOAA's protections for individuals creating powers of attorney."
The AARP report,“Power of Attorney Abuse: What States Can Do About It,” compiled by the American Bar Association Commission on Law and Aging under contract to AARP, offers advocates tips for enacting the UPOAA provisions and includes a list of stakeholders who may want to collaborate in the study and recommendation process.
Source:
AARP Report Says States Have Power to Curb Power of Attorney Abuse
See also:
Power of attorney can victimize elderly - Agents can write checks, sell seniors' property
We know there are PoA abuses - and it's an awful thing. What people don't know is that guardianship/conservatorship abuse is so much more lethal. Not only does a guardian/conservator have full atonomy with the money, but worse than that -- the guardian/conservator has full and absolute authority in matters and decisions of life and death.
ReplyDeleteAnd ultimate power and control over whether or not the ward will be FORCED to take dangerous, unnecessary psychotropic drugs to keep the ward in a sorry condition and to hasten death, get rid of the problem.
ReplyDeleteIt is no secret that the nursing home facilities and other facilities have ways of assisting the guardian by putting dangerous drugs into the wards food, usually in the soft food: applesauce, pudding, mashed potatoes etc.
When the ward dies, homicide is not the cause of death - is it?
You're right, Anonymous. When the victim dies, so does the truth in so many cases.
ReplyDeleteWithout advocates, the abuse would be matter of fact.
Someone has to stand on the mountain and keep shouting until change comes!
We are shouting out loud, but is anyone listening?
ReplyDeleteHELLO - I am on the mountain shouting!!!
ReplyDeleteYes there is POA abuse at times and they need to be accountable BUT so do the guardians who steal money lives and family relationships all for their own benefit and ONLY for their own benefit.
"Most men can handle adversity but to test a man's character... give him authority."