Agent Under Power of Attorney

There are many pitfalls and traps for unwary agents under power of attorney. At Inheritance Lawyers, we assist and guide agents under power of attorney for finance and power of attorney for health care (aka advance health care directive) in setting the course for efficient and effective management of the principals’ affairs. If you encountered obstacles at the start of the performance of your duties as an agent, Inheritance Lawyers can help you get back on track and perform your duties more efficiently with the support and trust of the principal and family members.

When and how you step into the role of an agent defines your new

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relationship with the principal (usually a parent) and family members.  If this role is carried out properly, you will gain the interested parties’ trust, confidence, cooperation, and support – the foundation for a successful performance of your duties as an agent.  On the contrary, a misstep in effectuating an agent’s role often results in misunderstandings and mistrusts; thereby, hindering the effectiveness of the agent’s performance and increasing the agent’s exposure to personal liabilities.

At Inheritance Lawyers, we have the expertise to assist you in fostering trust and support from the principal and family members, which is essential in making your role as an agent a productive and rewarding experience.  However, at times, litigation is not only unavoidable but necessary to perform an agent’s duties expeditiously and effectively.  As your attorney, Inheritance Lawyers helps you minimize the issues to be litigated while preventing the conflict from turning into years of protracted litigation.

Contact us for a consultation if any of the following applies:

  • An elder has not paid bills for months and forgets to take or takes the wrong medication, but denies having any problem and does not want any help.

  • The elder has been diagnosed with dementia. I am named as an agent in the elder’s power of attorney and would like to serve as the elder’s agent, but I live outside of California or in a foreign country, or travel extensively for work.

  • An elder for whom I serve as an agent questions my sincerity and commitment to care for him or her.

  • Family members accuse me of mismanaging the elder’s finances.

  • Family members accuse me of taking advantage of the elder.

  • Family members accuse me of isolating the elder from them.

  • An elder with signs of dementia creates a new power of attorney.

  • An individual files for conservatorship because he or she disagrees with my decisions as an agent under power of attorney for the elder.