POA Lawsuits: 5 Reasons You Can Be Sued as Attorney for Property

The attorney for property is the person named in a Power of Attorney document (POA), to manage someone else’s property. The attorney is not usually a lawyer – the term attorney just means the person with legal authority.

Most people who are named as an attorney for property believe they are doing their loved one a favour by agreeing to act. It can be an honour to be named the decision-maker for a loved one or friend.

Unfortunately, however, when you step into the role of attorney for property, you are personally at risk of financial and legal liability, including the very real risk of owing money or being taken to court.

Most people do not realize the personal liability that comes with the job and do not proactively protect themselves against the risks of being sued.

5 Reasons an Attorney for Property can be Sued are:

1. Failing to keep detailed records of financial and personal care decisions and the reasons for the decisions. This includes failing to keep invoices, receipts, bank statements, and other financial documentation to prove they managed the incapable person’s property for the incapable person’s benefit (rather than using the funds for the attorney’s own benefit);

See: POA Lawsuits: You Can Be Sued For Failing To Keep Detailed Accounts as Attorney for Property

2. Failing or refusing to provide transparency when the incapable person or others request information and supporting documentation;

See article: POA Lawsuits: You Can Be Sued For Not Being Transparent as Attorney for Property

3. Dipping into the incapable person’s assets for your own benefit;

See article: POA Lawsuits: You Can Be Sued For Benefiting Yourself as Attorney for Property

4. Negligence (not doing your job or not doing it well);

See article: POA Litigation: You Can Be Sued For Not Doing Your Job

5. Fraud, theft, misuse of the POA document.

See article: POA Lawsuits: You Can Be Sued for Fraud, Theft & Misuse of the POA Document

See Also: POA Lawsuits: How Likely Is It I Could Be Sued as Power of Attorney?

Keywords: sue poa, sue poa property, financial poa lawsuit, sue financial power of attorney, poa property liability, poa responsibility