Two primary rules apply to all powers of attorney, also called POAs. First, an agent under a power of attorney can only do what the POA explicitly allows the agent to do. Second, an agent under a power of attorney must always do what the principal wants as long as the agent is aware of the principal’s wishes.
This column often discusses powers of attorney, commonly called POAs, and how they are used to allow a principal (such as a parent or other loved one) to delegate financial or healthcare decision-making to an agent, who is empowered to act for the principal.
There are two primary rules that apply to all POAs. First, an agent under a POA can only do what the POA explicitly allows the agent to do. For example, a principal may have a POA that empowers an agent to sign insurance contracts for the principal whenever the principal is out-of-state. The agent only can act for the principal during times when the principal is out-of-state and when the document to be signed is an insurance contract.
Read more about powers of attorney and personal liability in Lee’s article in the Lima News here: Legal-Ease: Powers of attorney and personal liability
Source: LimaOhio.com, “Legal-Ease: Powers of attorney and personal liability,” by Lee R. Schroeder, August 3, 2019
Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at Lee@LeeSchroeder.com or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.