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a power of attorney document
needs to be read to understand
what kind of power of attorney Authority
it provides
and also whether there are any
limitations so when someone says power
of attorney it can be referring to a
financial or property power of attorney
or it can be related to health care
decisions or it can be something more
specific than that
the agent sometimes called an attorney
in fact under a power of attorney
is someone that has the legal
responsibility and obligation to the
principal the principal is the person
who wrote the power of attorney
now an agent
needs to act in the best interest of the
principal this is a fiduciary
responsibility so the acts that the
agent takes
needs to be
always in the best interest of the
principal and this is where
there could be a lot of risk because
your agent has a lot of power
and elderly people are typically not
able to pay attention
to their finances or their property as
well as they used to and that gives the
agent a lot of leeway having an agent
that you trust implicitly is a good
start but you also have to understand
that circumstances can arise putting
pressure on the agent to act in ways
that are not proper
so it’s important to set up a plan where
there are checks and balances in place
to protect the elderly person every time
a power of attorney is in play
Niles, IL estates & probate attorney Dana Zivkovich talks about the role a power of attorney plays in elder law and asset protection.