Guide · Wills and Estates

Powers of Attorney and Financial Exploitation: A Comprehensive Guide to Authority, Acceptance, Accounting, and Recovery

31 U.S.C. § 5318

Type
Guide
Jurisdiction
National
Date
2024-06-24
Topic
Wills and Estates

This guide covers the durable power of attorney as an instrument of both essential planning and routine exploitation. It sets out the authority the instrument confers, the fiduciary duties the agent owes, and the enforcement gap created by the absence of any supervising authority. Separate parts address the powers that require express grant, the acceptance and refusal regime governing financial institutions, springing conditions, and co-agent structures. Substantive parts cover capacity and undue influence as distinct inquiries, the beneficiary designation problem and the federal preemption decisions that make designations difficult to unwind, and the exploitation patterns that recur. Later parts address financial institution monitoring obligations, adult protective services, criminal fraud and identity statutes, forfeiture and restitution, forum selection and the probate exception, civil remedies, limitations, and the drafting provisions that supply supervision.

Powers of Attorney and Financial Exploitation: A Comprehensive Guide to Authority, Acceptance, Accounting, and Recovery

Wills and Estates > Powers of Attorney and Elder Financial Exploitation | Published 24 June 2024 - Updated 21 August 2025 | UpLaw - uplaw.us

Part 1 — The instrument

A durable power of attorney authorizes an agent to act for a principal in property and financial matters, remaining effective notwithstanding the principal's later incapacity.

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