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http://ssrn.com/abstract=1031250
 
 

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The New Uniform Power of Attorney Act: Balancing Protection of the Principal, the Agent, and Third Persons


Linda Whitton


Valparaiso University School of Law


Valparaiso University Legal Studies Research Paper No. 07-09
41st Annual Heckerling Institute on Estate Planning

Abstract:     
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 attorney

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Date posted: November 20, 2007  

Suggested Citation

Whitton , Linda, The New Uniform Power of Attorney Act: Balancing Protection of the Principal, the Agent, and Third Persons. Valparaiso University Legal Studies Research Paper No. 07-09; 41st Annual Heckerling Institute on Estate Planning. Available at SSRN: http://ssrn.com/abstract=1031250

Contact Information

Linda Whitton (Contact Author)
Valparaiso University School of Law ( email )
656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States
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