Some of the key provisions of the UPOAA that benefit and protect people who execute POAs include: 1 The clear statement of an agent's duties, including the agent's responsibility to act in good faith, within the scope of authority granted, and according to the principal's known expectations or best interest—as well as more specific duties such as preserving estate plans and cooperating with health care proxies; 2 Stringent requirements for exercising “hot powers”—those with a high propensity for dissipating property or altering an estate plan; 3 The provision that a third party may refuse to honor a POA when the third party reports suspected abuse to an adult protective services agency or knows that someone else has made a report; and 4 Liability of malfeasant agents for damages, attorney's fees and costs.
Among other goals, the UPOAA aims to promote autonomy and prevent, detect and redress power of attorney abuse.
In upcoming legislative sessions, states will consider adopting the Uniform Power of Attorney Act (UPOAA or Act). This model law aims to address power of attorney abuse, a type of elder abuse that can have devastating consequences. Research indicates that most states can improve protections for older people by adopting the UPOAA.
The report urged state lawmakers to adopt the Uniform Power of Attorney Act (UPOAA) to strengthen protections for people who designate their powers of attorney. The measure also would make those who violate their fiduciary responsibility liable for damages. To date, only two states—New Mexico and Idaho—have adopted the UPOAA.
In what has become the most infamous case of financial elder abuse in recent memory, authorities say New York philanthropist and socialite Brooke Astor was swindled out of millions of dollars by her son. Anthony Marshall, 84, was accused of abusing his power of attorney to defraud his mother in the years leading up to her death in 2007.
About AARP Public Policy Institute. The Public Policy Institute is the focal point of public policy analysis and development at AARP. We work to design policies that help improve life for older Americans.
The Public Policy Institute is home to the Center to Champion Nursing in America, a joint initiative of AARP Foundation, AARP and the Robert Wood Johnson Foundation. The center coordinates the Future of Nursing: Campaign for Action, a nationwide initiative of those same organizations to transform health and health care through nursing.
Agents acting under durable powers of attorney are in a position to abuse their powers. Vulnerable elderly principals can be taken advantage of by the very persons they appointed to this position of trust.
More and more agents are being asked to account for their actions and more and more litigaiton is aimed at agents who abuse their powers, especially by making gifts to themseles. Learn how to do it right and stay out of trouble.
According to the American Bar Association Commission on Law and Aging, too many criminal justice professionals lack awareness in the role they can play in holding offenders accountable. An agent who violates the duty owed to the principal may have committee one or more crimes. The agent may have violated state and federal laws, including laws …
"Sandra Gayle, 65, of Springfield was convicted of financial exploitation of the elderly and financial exploitation of a person with a disability . A Sangamon County jury deliberated a little more than an hour Friday before returning the verdict.
The Pennsylvania Supreme Court has issued a decision holding that a third party that relies on a power of attorney is not immune from liability if the power of attorney is not valid. This decision calls into question third parties’ acceptance of powers of attorney.
New Report on Powers of Attorney (POAs)#N#On Thursday, AARP’s Public Policy Institute released Power of Attorney Abuse: What States Can Do About It.
New Report on Powers of Attorney (POAs)#N#On Thursday, AARP’s Public Policy Institute released Power of Attorney Abuse: What States Can Do About It.