As our population ages, more and more Powers of Attorney will be used, making the threat of fraud a growing concern. Here are six steps to protect yourself from Power of Attorney fraud:
- Make sure it's your decision to draw up a Power of Attorney. Don't let anyone – not even a family member or friend – pressure you into it. At the same time, remember that everyone needs a Power of Attorney. It is there to protect your interests when you are not able to do so.
- Get advice from your existing and trusted advisors, such as your lawyer. Do not sign a Power of Attorney form before you have reviewed it by a lawyer you know and trust. Be careful about working with a lawyer that someone else wants you to use. If you don't have a lawyer, ask for help from a well-known social agency or senior citizen's group.
- Choose someone that you can trust to carry out your wishes properly. In some cases, this may not be your children or even your spouse. If a family member is named in your will, they may place their needs ahead of your own. Don't choose anyone that you do not want to anger or disappoint – because that could happen if there is a dispute over when your Power of Attorney will take effect.
- If you have any doubt about the person you choose, name more than one person in your Power of Attorney. This will make one person accountable to the other. It reduces the chance of any incorrect use of your assets.
- "Just say no" if you are approached by someone you do not know well or have not known for very long. Sometimes fraudsters will volunteer to help you set up a Power of Attorney. They can be very persuasive.
- Be specific. Your Powers of Attorney should go beyond simply making your wishes known. They should specify what powers are and are not included. There should be as much detail as needed to explain how you want your wishes to be carried out.
If you do not have Powers of Attorney and need advice, seek help from a known social agency or senior citizen's group. They can refer you to an expert that can help. If you can afford it is always best to work with a lawyer on these documents.