Power of Attorney misuse occurs when the agent in the agreement benefits himself by deciding on account of the issuer without the Principal’s knowledge or consent. POA misuse can take many forms, the most common of which is financial abuse.
- Most POAs give complete control over the issuer’s finances. Hence, perpetrators of POA misuse may steal or misappropriate funds from the Principal’s account for individual use while pretending that it will benefit the grantor.
- Any instance of appropriating issuer’s funds for personal profit could constitute financial exploitation. If an agent uses the POA status to make acquisitions, investments, or different financial transactions for his/her benefit instead of the Principal’s, they could be exploiting the power of the document.
Fraud, Identity Theft and Forgery.
- With complete access to the grantor’s accounts and personal information, the agent might purchase annuities, insurance products and open bank accounts, credit cards, in the Principal’s name. Such actions, bordering on identity theft, may hold the issuer culpable for any fraud or illegal conduct committed by the representative under the guise of the grantor.
- Furthermore, the agent may carry out welfare fraud or tax evasion using the name and personal information of the grantor, therefore expanding the gain of the representative.
- Another case of deception and forgery would be the act of changing the Principal’s property or beneficiary designations to benefit the agent without the consent and against the wishes of the issuer.
Breach of Fiduciary Duty
Anyone granted POA is liable to the fiduciary obligation to the Principal. Fiduciary functions are not limited. They comprise:
- Keeping the grantor informed about the status and any changes to his/her finances, and other accounts or information covered by the agreement;
- Receiving consent from the issuer before drawing any profit from the principal’s accounts or investments;
- Maintaining and acting according to the principal’s interests at all times; and
- Abstaining from transferring the property of the principal without his consent.
Failure to uphold these duties, or any breach of these duties, may constitute power of attorney abuse.
Signs of misuse of Power-of-Attorney
As listed above, General Power of Attorney misuse can manifest itself in several ways. The potential symptoms and evidence of abuse are:
- An abrupt and obscure change in the finances of the grantor.
- Secrecy or reluctance to communicate with the Principal.
- Refusal/reluctance by Agents to share financial information or records.
- Signs that the representative is making decisions on behalf of the grantor without consulting or gaining his consent.
What to do to prevent Power of Attorney misuse?
- Never give this document to a stranger.
- The Representative to whom the powers are granted must be a close and trusted individual – who will make decisions as per your needs and wishes.
- Keep trusted family members, advisors and friends informed regarding who has POA and its status.
- Keep an access and control to all financial as well as personal records, and follow-up frequently to make sure no sudden, as well as unauthorized changes, are made.
- Retain the right to take back the document under any circumstance, and do not issue the document unless it’s required.
- Be very careful before signing any General Power of Attorney in India, as it typically gives the agent total or near-complete power over your matters.