Here at The Bluest Ink, we have been privy to many misconceptions held by the general public regarding power of attorney documents. The most common misconception we have experienced is where a person believes that having power of attorney "over" another person allows them to "take over" that person's affairs, even after death. This is inaccurate.
In Louisiana, a power of attorney is essentially a document authorizing a person (the Agent) to act on behalf of another person (the Principal). Since the Agent is acting on behalf of the Principal, this means the Principal still has the power to direct the actions of the Agent. As such, it would be improper for the Agent to perform any act that is contrary to the express wishes of the Principal, especially if the act is not in the best interest of the Principal.
Furthermore, a power of attorney is only valid while the Principal is alive. After the death of the Principal, the Agent has no more power to act on the behalf of the Principal or the Principal's estate by virtue of the power of attorney.
For more information, contact us at info@thebluestink.com or (225) 456-2200.
www.TheBluestInk.com
Tuesday, May 29, 2012
Power of Attorney Misconceptions
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