Often people agree to be an attorney or deputy to a loved one who has nominated them in a Power of Attorney without fully understanding their obligations and responsibilities. Without seeking advice or researching what the role entails, it can be easy to slip from providing trusted support to a loved one to unintentionally committing financial abuse.

What Is the Scope of a POA Attorney’s Role?

Someone that is nominated as a POA attorney can only make decisions that are in the best interests of the person that nominated them and within the scope of the written POA. This means that unless they are specifically allowed to perform an action, they must not do so.

A POA is unique to each individual, specifying not only the circumstances under which it becomes effective but also the specific role and responsibilities of the person or people nominated as attorneys or deputies.

How Do You Get a POA?

You can arrange a POA as part of the estate planning process with your usual lawyer, or arrange a Power Of Attorney Online via a dedicated specialist such as https://powerofattorneyonline.co.uk. Either option will result in a legally binding POA document.

What Happens If You Breach the Scope of the POA?

It may seem harmless to add a few personal items to your loved one’s shopping, but in actuality, spending their money on yourself without their express consent amounts to theft, and this is a crime, known as financial abuse, which, if proven, could result in fines, community service, and even imprisonment.