The New Uniform Power of Attorney Act: Balancing Protection of the Principal, the Agent, and Third Persons
Valparaiso University School of Law
Valparaiso University Legal Studies Research Paper No. 07-09
41st Annual Heckerling Institute on Estate Planning
In the current climate of power of attorney legislative reform, there exists an inherent tension between two objectives: 1) preservation of the effectiveness of durable powers as a low-cost, flexible, and private form of surrogate decision making and 2) protection of incapacitated principals from financial abuse. Achieving the first objective is further complicated by fear of liability on the part of trustworthy agents and the third parties who are asked to accept their authority. This article examines these policy intersections and analyzes how the new Uniform Power of Attorney Act balances competing interests to enhance the usefulness of powers of attorney while at the same time protecting the principal, the agent, and third parties who accept powers of attorney.
Number of Pages in PDF File: 104
Keywords: law, Uniform Power of Attorney Act, durable power of attorney, elder law, power of attorneyAccepted Paper Series
Date posted: November 20, 2007
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