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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Beware the dangers of a continuing power of attorney

Monday, April 24, 2017 @ 8:25 AM | By Lisa Laredo

In this article, I wish to discuss some of the dangers that may arise out of granting a continuing power of attorney for property under the Substitute Decisions Act (SDA).

The SDA sets out that an attorney for property is a fiduciary whose powers and duties shall be performed diligently, with honesty and integrity and in good faith, for the incapable person’s benefit. A fiduciary must be able to account for all actions taken. An attorney is required to preserve the assets of the incapable person...