Page 13 - Senior Link Magazine Winter 2022 - Online Magazine

SENIOR RESOURCES

You are NOT the Power of

Attor ne y O VER a P er son
Attorney OVER a Person

by Lee Franks

omeone, although there is controversy about attorney because they do not want to give up control
just whom, has said that they were less worried or put someone else in charge. I try to make them
Sabout what a person did not know than what a more comfortable with the idea of a financial power of
person might know that just was not true. In my line attorney by pointing out that having an agent actually
of work, I often put more effort into correcting than increases their ability to get things done since they
educating. In particular, I try to correct one phrase would have a helper who is legally obligated to act in
that I hear more than any other: some variation of “I their best interest. Medical powers of attorney have
am power of attorney over my mother.” The phrase is some complicating features, but because the agent is
doubly wrong and may be responsible for any number never ‘over’ the principal, the agent does not have the
of people refusing or hesitating to execute a power of authority to make the principal take an aspirin, much
attorney. less admit them into a medical facility against their
wishes.
RaveOnLBK.com The confusion arises from a misconception of what
defines a power of attorney and what the role is of the Effective financial and medical powers of attorney are
806.451.1837 | 1300 Mac Davis Ln. Lubbock, TX 79401 person wielding it. Unless incapacity interferes with it, critical to ensuring that a person has all the help that
a person possesses the right or the power to manage they may need to manage their affairs now and in the
his or her own property, financial and legal affairs, future. Do not let unfortunate phrasing cause someone
and medical care. Generally, a person or “principal” to hesitate to get them done.
has the right to share with another person or “agent”
the authority or power to exercise certain defined
rights for the principal. To do so legally, the principal
executes a written power of attorney, detailing
the authority being granted to the agent and the
restrictions under which the agent may operate. By
accepting the power of attorney, the agent becomes a
fiduciary, owing certain obligations to the principal,
including the duties to act in good faith, not to
exceed the authority granted, to act loyally for the
principal’s benefit, to act always in the principal’s
interest, and to disclose when the agent is acting on
the principal’s behalf.

Involuntary servitude ended in our country over
150 years ago, so no one may force another to act for
Dine with Us them; therefore, an agent does not have to accept the
office, but having done so, the agent agrees to the
duties owed. Similarly, the principal may revoke the
power of attorney or the agent’s authority at will.
Tucked away inside The Buddy Holly Hall of Performing Arts and Sciences, Rave On is a stylish, upscale I often remind my clients (and their agents) that
casual restaurant that pays homage to the 1958 Buddy Holly hit. Join us for a dining experience another term for agent is servant. The term does not
celebrating Buddy Holly’s West Texas roots and worldwide influence. Dine with us for lunch, dinner, or describe the role of agent precisely, but it helps to
your next special event and feel the magic for yourself. counter the common misstatement that the agent is
the power of attorney, and that the agent has some
kind of authority over the principal.

Often, I have had clients tell me that they have
not granted anyone financial or medical power of

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