 Sometimes an attorney wishes to use the power of attorney to connect in land planning for a disqualified donor of a power of attorney. The attorney may wait for eventually come into the assets in any event. Though, if the attorney removes assets into his or her own name, the assets might not be available to meet the donor’s needs. Also, by applying the assets into the attorney’s name, they are showed to the risk that a creditor of the attorney may grab them. Any transfer of assets may upset the donor’s estate plan if the donor had left his estate or part of his estate to others. The law does not allow an attorney to use the power of attorney to transfer land or other assets into his or her own name, unless the power of attorney specifically authorizes the attorney to do so.
Although the law places have great responsibilities on those who use powers of attorney, mentally incompetent people are susceptible to abuse. An attorney assigned under a power of attorney is only required to account for his or her conduct if he or she is prosecuted. This may happen if someone applies to court to be appointed as a committee for the incapacitated person, or complains to the Public Guardian and Trustee.
You should never appoint anyone in whom you cannot place your highest trust as your attorney under a power of attorney. Because, sometimes disputes arise after the donor dies and the executor of the Will, or a recipient, calls on the attorney to account.
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