Many people have a fundamental misunderstanding of what actions are authorized with power of attorney. Self dealing is the most common result of this misunderstanding and prompts many people to alter estate distributions to better suit their own desires. However, self dealing is never authorized without specific grants of power and, even then, usually cannot allow complete selfishness as holder. Every client should have specific language setting forth the duties and powers of a holder and must be clearly expressed to avoid ambiguities that may be exploited.
See Brian Spiro, Power of Attorney Not Authorized for Self Dealing, Clark & Skatoff, May 22, 2015.
