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Agent for Durable Powers of Attorney (DPOA)

Agent for durable powers of attorney (DPOA)

We will serve you or your loved one as an Agent appointed under a Power of Attorney. In some cases we will also serve as a resource to another responsible person previously appointed as an Agent. In cases like this, we give guidance and assistance in the decision-making and management of the person and/or estate.

The role of an Agent under a Power of Attorney includes the following legal responsibilities:

  • The agent must avoid conflicts that would impair her ability to act loyally for the principal’s best interests.
  • The agent must act in good faith, with care, competence, and diligence.The agent has an obligation to make decisions based upon the preferences of the principal and the authority granted in the document. The agent may not override the wishes of the principal.
  • Agent for durable powers of attorney (DPOA)
    The agent must keep the principal’s money and property separate from his own property to avoid commingling. While transacting business on behalf of the principal, the agent must use the principal’s finances as the principal would use them for the principal’s own benefit.
  • The agent must maintain accurate records must include all receipts, documents, disbursements and significant actions taken by the agent. The agent is required by law to provide an accounting to the principal and anyone else designated to receive an accounting.
  • Record-keeping is required of the agent, unless special instructions in the power of attorney state otherwise.
  • An agent has a responsibility to preserve the principal’s estate plan. This means that should the agent become familiar with the principal’s prearranged estate plan, she should consider it, especially when handling any joint account, life insurance, trust, retirement account, or property specifically given to a named person in the principal’s will.
  • An agent should refrain from actions or transactions that would be contrary to the principal’s intent for how his or her assets will pass at death, as long as the estate plan remains consistent with the principal’s best interests.

Contact:

ph: (805) 966-0073 
fx: (805) 585-5413
email: [email protected]

Office Location:

1482 East Valley Road
Suite 16
Montecito, CA

Mailing Address:

PO BOX 92110
Santa Barbara, CA 93190