A person appointed ‘attorney’ under a power of attorney (called a "trustee") is responsible to manage the property of the person who granted the power of attorney (called a "grantor"). The trustee is legally required to make decisions in the grantor's best interest. If the trustee personally benefits from the grantor's assets, then he or she can be forced to pay money pay that money back. In situations where the trustee has spent the grantor's money inappropriately, the court can order the trustee to pay the grantor back out of his or her own pocket.
A person appointed as a representative under a representation agreement is responsible to make decisions for the person who granted the representation agreement. The representative must make medical decisions in the best interest of the patient and according to the patient's desires expressed before they lost their ability to make their own decisions.
Legatum can assist you in determining your legal rights and responsibilities as a power of attorney or representative under a representation agreement. We can also assist you in determining if a power of attorney has been abused.