Can My Power of Attorney Agent Take Advantage of Me?

 Posted on April 28, 2025 in Estate Planning

A power of attorney can have many forms. They are designed to give your chosen agent the authority to make decisions on your behalf if you become incapacitated. Many people going through the estate planning process are reluctant to give someone else that much power, wondering how far the decision-making authority extends.

As Barrington estate planning attorneys with extensive experience, we may recommend designating trusted agents with powers of attorney, along with trusts, wills, and other tools, to ensure that your affairs are handled properly. We understand your concerns and will draft documents that clearly specify the agent’s scope of authority and protect your interests.

What Is a Durable Power of Attorney in Illinois?

Under the Illinois Power of Attorney Act, individuals have the right to name an agent to make certain decisions under certain circumstances. You may have multiple powers of attorney, granted to different agents for different purposes. Each can be limited and very specific or quite broad, depending on your wishes. By law, your agent is required to act in your best interests.

A general power of attorney gives your agent broad permissions to handle your finances, manage your property, and potentially make decisions about your healthcare. You can choose which areas would apply. You might also choose either a power of attorney for healthcare or a living trust to ensure that your intentions for life-saving measures are followed.

A financial power of attorney can be very useful. Suppose you are injured or become ill and lack the mental clarity and energy to pay your monthly bills. Your agent can pay them for you using your funds.

What Does Being Incapacitated Mean?

You may wonder when you could be considered incapacitated. This term means you are unable to make decisions, whether due to an accident, illness, mental decline, or another cause. A licensed physician must document your condition, and your agent must receive the written record. If you regain capacity, you can revoke the POA. In addition, the court can step in to remove your agent if he or she abuses their authority.

How Can I Protect Myself When Giving Someone Power of Attorney?

Our attorneys know how to protect your interests when drafting POA documents:

• We suggest that you choose an agent you trust implicitly to both carry out your wishes and not take advantage of their position.
• We can grant your agent only the authority they need to perform specific tasks.
• We can help you establish a system to provide oversight to ensure that your agent’s actions are in your best interests.

If we suspect your agent is abusing their power, we can assist you or your family in challenging the POA.

We may have additional advice tailored to your specific circumstances.

Call Our Skilled Barrington, IL Powers of Attorney Lawyers

If you have questions about powers of attorney, the knowledgeable Barrington, Illinois estate planning attorneys at Lucas Law are happy to answer them and help you decide if they are right for you. Contact us at 847-381-8700 or online to arrange for your consultation today.