Power of Attorney
Attestation services in UAE issues Power of attorney which is a legal document that launches an affiliation between two people:
- Principal: The Principal permits or authorizes the agent to act on his or her behalf.
- Agent: POA document basically grants the authority to the Agent to make the necessary decision on the behalf of Principal.
Power of Attorney recognizes and legally allows one individual generally a trustworthy relative or family friend – to make decisions on behalf of principal the individual who may be elder, ill, handicapped, or disabled, not able to make the right decision. POA provides the vast grade of power and influence to an agent which might lead toward the capacity for major abuse.
Power of attorney abuse affects those who cannot take care of themselves in an appropriate way. An agent gained POA in order to make legal, financial, medical, and other decisions. Due to the POA agent might get access to finances, property, and personal data.
In what way can Power of Attorney be Abused?
POA abuse happens when Agent takes gain of his or her position and start making verdicts on the behalf of and without the consent of Principal. The most common type of abuse is financial abuse.
Financial Exploitation and Abuse
Due to POA agent might steal or misuse finances from the account of Principal for personal benefit.
In case an agent misuses the POA and started making investments, purchases or financial transactions for his own benefit rather than Principal’s, he will be committing power-of-attorney abuse.
Using Principal’s name and identify the agent might open bank accounts, credit cards or insurance products on the behalf of elder’s name. this might hold the principal accountable for any illegal conduct committed by the Agent.
Medicinal Insurance Abuse
If an agent commits provision of the nursing facility; making needless and costly medical related appointments or procurements.
Breach of Agents Responsibilities
POA owes a duty to the Principal. Duties include informing the Principal about the latest status related to finances, medical matters, accounts or data covered by the domain of agreement. Taking consent from Principal before making any decision regarding finances actions as per Principal’s benefits, restricting from transferring elder’s property. Failure to fulfil or breach of these duties may establish power of attorney abuse.
Who Might be Affected by Power of Attorney Abuse?
Senior citizens who might be living alone or who have very few close relatives to qualify for the issuance of POA. In some cases, a faraway relative might support elder life and can offer to sign a Power of Attorney by making a promise regarding providing suitable medication for the elder. In other cases, fake estate planners or trust managers might come forward to manage the elder’s finances, but their main objective will be to exploit POA.
Symbols for Power-of-Attorney Abuse
Following potential signs and symptoms can create awareness about the expected Power of Attorney Abuse.
- A sudden or unexpected modification in the finances of medical matters of the Principal
- Privacy or reluctance to communicate with the Agent
- Refusal to share financial information or records with the Principal
- Any symptoms that suggest that the Agent is making decisions on Principal’s behalf without consultation or consent from the Principal
- If an unfamiliar or unexplained document is presented for signing
- Any signs of identity theft, financial exploitation, fraud, or financial abuse
Defending against Abuse of Power of Attorney abuse
An Agent with Power of Attorney must be very close and trustworthy individual – someone elder fully believes to make decisions according to elder’s requirements and desires. Never issue power of attorney to a complete stranger, and adopt extreme care while dealing with financial or legal advisors.
Ensure that trusted family members, friends, and advisors are completely aware of agent and his Power of Attorney status. Pay sudden visits r checks to ensure that there is not any modification made to your property or finances without your prior consent or approval.
Ensure that you have the right to cancel POA due to any circumstance, and do not float the power of attorney unless it becomes mandatory. Take necessary precautions for signing any long-lasting power of attorney.
Victims of Power of Attorney Fraud
The kinds of abuses that can be done due to Power of Attorney are huge and serious. In case if an elder is forced to grand or issue a power of attorney against his or her will be considered an act of power of attorney abuse. Power of attorney abuse is commonly an occurrence of funds or financial exploitation, which is punishable and illegal as per federal law.
In case you trust that that you or a loved one has faced abuse of power of attorney in UAE then feel free to contact HHS Lawyers in UAE which will guide you and assist you to deal with this kind of legal matter in the best way. Our services include the power of attorney drafting, legal drafting, attestation of Power of Attorney etc. You can share your legal matters by booking a consultation with us today