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If an agent abuses the authority granted by a power of attorney, they may face both civil and criminal consequences. As for civil consequences, an agent can be sued for fraudulent conversion of the principal's money and be forced to provide restitution to the principal.

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.

Misconception #1: You can sign a power of attorney if you are legally incompetent. Someone cannot appoint a power of attorney (or sign any legal document) if they are incapacitated.Contrary to popular belief, only a mentally competent individual can appoint a POA for themselves.

The authority to act in the power of attorney document is limited by state law and can be further limited when the document is drafted. An additional limitation is that the power to make decisions on behalf of the principal ends upon the death of the principal.

Once a parent is no longer competent, he or she cannot revoke the power of attorney. If the agent is acting improperly, family members can file a petition in court challenging the agent.

Usually, it will require a formal contest in court, unless the agent voluntarily resigns their power of attorney.If an agent continues to make decisions of behalf of the principal after a non-durable power of attorney ends, a third party would be able to contest any decisions made in court.

For example, the State of California simply requires that you write Revoke in big print at the top of your original power of attorney form, sign and date at the bottom and send it to the state agency. Ideally, your agent assumes the obligation of acting in your best interest and following your instructions.

Don't pay yourself for the time you spend acting as Martina's agent, unless the power of attorney or state law allows it. If you are allowed to pay yourself, you need to show that your fee is reasonable.

A general power of attorney holder cannot be allowed to appear as a witness on behalf of the plaintiff in the capacity of the plaintiff. But in criminal law anybody can set in motion by filing a complaint of facts constituting an offence before a Magistrate entitled to take cognizance.

As a general rule, attorneys-in-fact are not, and cannot be, personally responsible for the debts incurred by the principal.