Power of Attorney

Catherine Seal (attorney, Colorado Springs, CO) recently published her article entitled Power of Attorney: Convenient Contract or Dangerous Document?, 11 Marq. Elder’s Advisor 307 (2010). The abstract is below:

This article will address the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author will discuss the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author will discuss fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems. This paper will not address actions by third parties against agents, including intervention by government agencies or criminal prosecution.