Elder Law Issues

Elder Law Issues


The Scope of Duty for an Attorney-in-Fact

August 15, 2021

What is the scope of duty for an agent on a power of attorney? Are there requirements, and limits?

First, language. The person you give authority to in your power of attorney is an agent, or an attorney-in-fact. They are not your "power of attorney", as that is the name of the document itself.

Also, there is a difference between health care powers of attorney and financial (sometimes general, or just durable) powers of attorney. There are also other subdivisions of the power-of-attorney genre. Each has its own scope of duty.

Join us for our weekly Elder Law Issues podcast, as we discuss the duties and limitations on your attorney-in-fact (or, if you prefer -- as we usually do -- agent).