QUESTION
What are the limitations for a power of attorney?
Asked on Apr 09th, 2012 on Estate Planning - Pennsylvania
More details to this question:
Does having POA give the right to use the checking account or credit cards of that person you are the agent for, for personal reasons, not in the interest of the elder subject? For example, if a POA incurs debt on a credit card for personal reasons or attempts to write access checks from a CC company or debit a checking account for personal reasons, is that a crime?
1 ANSWER
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This is a general response and is not intended as legal advice. You should bring the power of attorney to a lawyer to review, both to determine its limitations and to determine if it was drafted in accordance with Pennsylvania law. Some powers of attorney are general and some are specific. As long as the person who signed the power of attorney is still lucid they can always revoke it up until the time they die. If they are not lucid, a guardianship procedure may have to be undertaken. There is a legal process available to determine if the power of attorney was abused, but part of the issue may be the company which permitted such action to be taken may have to be included in the process.
Answered on Apr 11th, 2012 at 6:32 PM