Family,
Health Care & Hospital Law
Dec. 8, 2022
When the DPOA fails – a grey area of conservatorship
What happens when conditions are present that cause a Durable Power of Attorney to fail its intended purpose, but there has been no apparent incapacitating event causing an incapacity to the principal?
Durable Powers of Attorney for Finances and for Health Care are intended to be effective as tools for incapacity planning. These tools, however, may not be effective for avoiding the consequences of undue influence or fiduciary lapses by the named agent. This article discusses the grey area where Durable Powers of Attorney for finances and health care do not adequately provide protection for the principal in the manner intended and the circumstances when a conservato...
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