Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

No, an agent acting under a power of attorney cannot have more power than the principal who granted that authority. The agent’s powers are derived from and limited by the authority explicitly given by the principal in the power of attorney document. An agent can never exceed the rights and powers held by the principal themselves.

What you may be thinking of is a conservatorship, which is a distinctly different legal arrangement. In a conservatorship, a court appoints a conservator to manage the affairs of an incapacitated person (the conservatee). The conservator is granted broad powers by the court to make decisions on behalf of the conservatee, which can potentially be more extensive than what the person could do for themselves when they were capable.

It’s important to understand that a power of attorney is a voluntary delegation of authority by a competent individual, while a conservatorship is a court-ordered protective arrangement for someone who lacks capacity. The two serve different purposes and operate under different legal frameworks. An agent under a power of attorney is always accountable to the principal, whereas a conservator is accountable to the court.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.