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.

Yes, an agent acting under a power of attorney can potentially be held liable in certain circumstances.

An agent has a fiduciary duty to act in the principal’s best interests and in accordance with the authority granted in the power of attorney document. If an agent breaches this duty or misuses their authority, they may face legal liability. Some common situations where an agent could be held liable include:

1. Self-dealing or conflicts of interest: Using the power of attorney for personal gain or to benefit themselves at the expense of the principal.

2. Negligence: Failing to properly manage the principal’s affairs or make prudent decisions regarding their assets and care.

3. Exceeding authority: Taking actions beyond the scope of what is authorized in the power of attorney document.

4. Fraud or misappropriation: Stealing or misusing the principal’s assets or funds.

It’s important to note that an agent acting in good faith and within the scope of their authority generally has protection from liability.

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.