Making Sense of Power of Attorney Abuse

young woman taking money from older man

Making Sense of
Power of Attorney Abuse

A power of attorney (POA) gives a person (agent) the legal authority to make decisions for another (principal).

Principals are often disabled, incapacitated, ill or elderly individuals who grant trusted relatives, friends or business associates the POA to take care of their estates.

Agents thereby become fiduciaries for the principals, owing them high legal duties of loyalty and trust to act in their best interests.

Because a power of attorney offers agents such enormous authority and control over the principal’s finances and property, POA abuse can sometimes occur.

Inheritance hijacking is an example of power of attorney abuse, arising when agents unlawfully transfer title or ownership of assets and property from the principal’s estate to their own.

Heirs and beneficiaries may likewise learn of power of attorney abuse when property comes up missing during probate.

Testators must therefore make sure they choose the right agent to care for their estate’s interests to evade the legal hassle of having the agent removed or having their heirs sue the agent in probate court to take back assets previously looted from their estates.

Common Questions

Legal Issues Relating to
Power of Attorney Abuse

A claim that asserts an agent coerced, pressured or persuaded the principal into granting him power of attorney.
A claim contending a power of attorney is not a true reflection of the testator’s intent because the agent has forged the document or because the agent fraudulently deceived the testator into granting him a POA.
An allegation affirming the principal lacked the mental capacity to grant the agent power of attorney.

Breach of Fiduciary Duty

A complaint arguing the agent owed a fiduciary duty to the testator of which he breached and proximately caused the claimant damages.

Experienced Power of Attorney Litigation in Iowa

The Smith Law Firm litigates power of attorney abuse claims.

Call us if you believe an agent has reduced or eliminated your inheritance by abusing the authority they hold in a power of attorney.

We are the go-to probate litigators in Iowa for working out probate disputes.

And don’t forget. “It’s our mission to save you money by resolving your power attorney abuse complaint out of court or in mediation.”


Related News & Posts

Check out our blog and learn more about power of attorney abuse in Iowa.


809 8th St. SW, Suite F 
Altoona, Iowa 50009

“It’s our mission to save you money by resolving your power attorney abuse complaint out of court or in mediation.”