The misuse of a power of attorney has been explicitly classified as a theft , alabama crimson tide and mickey mouse crocs a violation of an elder adult abuse statute , an embezzlement , and an exploitation of an infirm individual .
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for conducting the financial affairs of elder persons who lack decision-making capacity and can help shield their assets from abuse or be used to recover lost assets , alabama crimson tide and mickey mouse crocs a number of difficulties have been associated with this mechanism, and it is a remedy that is dreaded by many elder persons. For example, the costs of establishing and administering a guardianship can pose a significant drain on an elder person’s resources and it can be relatively complex and intrusive.53 Also, individuals seeking establishment of a guardianship for an elderly person may be acting in their own interests rather than attempting to assist an elderly person in need .
In addition, although establishing a guardianship requires judicial involvement, the court may not be provided with critical information or conduct a neutral investigation that focuses on the capacity of a proposed guardian to provide needed services to the elder person . A general power of attorney appoints one individual to act in place of, or on behalf of, another person. For example, a homebound elder person may grant a power of attorney to a family member to conduct transactions at the bank on his or her behalf. A durable power of attorney continues after the principal loses decision-making capacity. The power may become effective when signed or may be a “springing power of attorney” that takes effect at a specified future time or on the occurrence of a specified future event or contingency (e.g., the incapacity of the principal). States have enacted a range of statutes to punish those who abuse powers of attorney .