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How to detect misuse of power of attorney

When you are working on your estate plan and granting power of attorney, this person will need to be someone you fully trust since they you are giving them considerable power over your finances, health and property.

Unfortunately, there can be times when this person you trusted can abuse this position and begin to make decisions that benefit them and not you. If you or your family members suspect abuse has been detected using power of attorney, action should be taken immediately to ensure decisions can be reversed or property can be recovered.

Identifying abuse of power of attorney

It is not easy to notice someone is abusing their responsibility of power of attorney. Their actions can be much different than what they are saying. However, there are indicators you may be able to perceive, such as:

  • Making healthcare decisions that benefits themselves and not only does not benefit the principal, but is suspected to be against the principal’s wishes
  • Making decisions that go beyond their authority
  • Decisions completely undermine the expectations of the principal and does not follow stated goals or beliefs of the principal

What you can do if you suspect power of attorney abuse

If you suspect that power of attorney is being misused, you should seek legal action against them as soon as possible. You will need a knowledgeable attorney on your side to assist in:

  • Revoking the power of attorney
  • Putting a stop to any transfers of property
  • Stopping any arrangements that have been made for financial transfers 

If you believe that your loved one is being taken advantage of by a person who was granted power of attorney, you should seek legal action immediately. It is important for you to speak with an attorney who can review your situation and provide the best type of remedy for the situation.

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