Since 1977, Jon Michael Probstein has assisted people and businesses in all matters. In accordance with the Rules of Professional Conduct, this may be deemed "Attorney Advertising". Nothing contained herein should be construed as legal advice. Admitted in New York and Massachusetts. Always consult a lawyer regarding any matter. Call 888 795-4555 or 212 972-3250 or 516 690-9780. Fax 212 202-6495. Email jmp@jmpattorney.com
Saturday, July 25, 2009
MORE PROTECTION IN POWERS OF ATTORNEYS?
The obligations of an agent under a Power of Attorney include record keeping, the obligation to account and to act in the best interest of the principal. Also under the new rules, the principal may appoint a monitor to receive copies of financial records. NY G.O.L. 5-1509. The agent must submit copies of records to a monitor as well as to a co agent,court evaluator, Guardian, the representative of the principal’s estate and certain government agencies, such as investigative agencies and law enforcement officials. NY G.O.L. 5-1510. Perhaps if the monitor was completely separate from the principal, there could be more protection to the assets of the principal. But the costs of such record keeping and accounting may be considerable and the Power of Attorney was designed to replace the expensive process of Guardianship. So which is the better route?
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