Article · Wills and Estates
The Most Powerful Document Nobody Supervises: How Powers of Attorney Actually Get Abused
12 U.S.C. § 1829
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-07-31
- Topic
- Wills and Estates
A durable power of attorney gives one person the ability to move another person's money without asking anyone's permission, without filing anything, and without any court knowing it exists. That combination of breadth and invisibility makes it the most powerful unsupervised instrument in American law and the primary vehicle for financial exploitation of older adults. This article explains what authority the instrument actually confers, why the drafting choices that make it useful also make it dangerous, and what limited protections exist. It then covers the exploitation patterns that recur, the beneficiary designation problem that undoes estate plans, the financial institution obligations that provide the only routine third-party monitoring, and the practical steps available when money is already gone.
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