This article addresses the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author also discusses the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author addresses fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems.
"Power of Attorney: Convenient Contract or Dangerous Document?,"
Marquette Elder's Advisor:
2, Article 5.
Available at: http://scholarship.law.marquette.edu/elders/vol11/iss2/5