Adopting the Uniform Power of Attorney Act

Russell E. Haddleton (attorney, Hyannis, Mass.) has recently published his article entitled The Durable Power of Attorney is on the Way, Prob. & Prop., May-June 2010, at 50.

An excerpt from the conclusion of the article is below:

What Is Ahead for the Power of Attorney?

The power of attorney is an essential tool for the estate planner. The Uniform Power of Attorney Act will help resolve some of the conflicts that arise with banks, brokerage houses, and other institutions over the acceptance of the durable power. Efforts to instruct agents about their duties and careful selection of agents will help to reduce instances of abuse of the power of attorney.

All of this being said, it must be understood that the power of attorney can sometimes be subject to abuse. This is part of the cost of using the durable power. The client must understand that he is selecting the durable power of attorney as the best option available.

Efforts to have the Uniform Power of Attorney Act entered into law in all of the states should be supported. If the suggestion is made to make the power of attorney more restrictive by registering it, keep the English experience in mind and appreciate that what Americans have may be slightly flawed, but is still far better than what we might have to deal with if the power of attorney were required to be registered.