Have you been a victim of Power of attorney abuse? Is there such a thing called Power of attorney abuse? If yes then how do I stop it?

But first, we need to understand that, what is the power of attorney abuse. It means, to misuse the power or the position of attorney, that has been appointed to a person. As in, if any of you have appointed an attorney of a kind, and they take liberties to use that power in a wrong way or misuse it is called power of attorney abuse.

It’s straightforward that anyone who misuses their power will not confess it very easily. As they are higher authorities, their word have more credibility and power, so, how are you going to prove the power of attorney abuse? Read this full article to get your answers.

What is the power of attorney abuse?

It is a misconduct of power that can cause financial, physical, or emotional harm to the principal. Very important to be aware of the signs, at an early stage, so that it can be stopped. Now if suspect any attorney of yours take an immediate action, gather evidence, catch them red-handed. But if you need to ask these questions to solidify your assumption

• Was he or she using the principal for their gain?
• Was POA withholding the principal’s medical information?
• Was the Power of Attorney (POA) using the credit cards without any permission from the principal?
• Was the POA not acting in the best interest of the principal?
• Is the POA being wrongly accused of?

As we have already established, we know what is Power of attorney, now will learn what will happen if they abuse this power.

Reasons for power of attorney abuse

• They can be in need for only and not for emotional support or honesty towards their words.
• They can work for someone else.

Power of attorney abuse can encompass misconduct of financial powers, fraud, or negligence. In this case, you can revoke the POA agreement; however, contesting on behalf of the principal will be challenging. If the principal is no longer competent, it will be permitted by the law if they revoke it themselves.

If the claim is heard, then, you can take legal action, such as establishment of a conversation, to protect their finances.

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What is the penalty for power of attorney abuse?

It depends on the severity of the crime and the nature of the alleged crime/abuse. Sometimes, it can only be revoking the agreement. Other times, it can also be resulted in jail and hefty fines, if the acts of the agent criminal in nature. They can still be removed from the law firm, can be forced to pay the damages if the principal has gone through bodily harm, or financial crisis.

In case of medial power of attorney abuse, the crime is neglect of the principal, they are supposed to pay back the medical expenses to compensate any harm it may have caused.

And in the case of misuse of financial aspects of the principal, as in using the money for their personal use they are supposed pay the exact amount used, with the interest.

Law describes the detailed circumstances that could cause attorney-in-fact to potentially have to pay damages for a breach of fiduciary.

Example of power of attorney abuse

• Financial
• Medical
• Property
• General[fraud] and bodily

For financial POA abuse, it is not uncommon for an agent to misuse the given assets. In cases of MPOA abuse, agents may make incorrect decisions on behalf of the principal, causing permanent harm or emotional distress. Sometimes, they can be very harsh with the principal or withhold medical files and crucial information. In instances of property fraud, agents may use the property for personal expenses. In general abuse, it can range from simple theft to deceit, resulting in minor penalties.

What to do if suspected POA abuse?

• Seek legal help. Call up your nearest law firm and plead your case.
• Gather evidence, property files, medical records, and recorded incidents, like bills or CCTV postage, if you have any. And testimonials and witnesses.
• Provide, gathered evidence and give your statement.
• Ask for revoke of the agreement and license.
• Report to the near police stations
• Give out your details of alleged incident.
• Ask for settlement, and payment of damages.

The agent may use power of attorney to transfer or withdraw the transaction they made, so make sure that you have those records available as well. Reporting power of attorney to APS [adult protective services] can help in several ways.

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APS

• They can investigate the allegation of abuse and gather evidence to determine whether the agent has violated.
• They can support the principal by providing video support and advocacy, connecting them with social services.
• They can work with the law with enforcement and other agencies to ensure the agent is held accountable.

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How to revoke the power of attorney

1. Draft a revoke documentation
2. deliver the revocation to the agent to the agent
3. notify the third parties
4. file the revocation documentation

hope this article finds you good and beneficial

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