Consumer beware: Understanding the powers of a Power of Attorney

There is an unfortunate trend of Power of Attorney abuse. Crimes are being committed against people of older age, by trusted individuals, who are abusing the power of a Financial Power of Attorney document and/or a Durable Power of Attorney for Health Care document.For the sake of self-preservation in later life, it is imperative that the 60-and-older population understand the powers that are given away when signing Power of Attorney (POA) documents.A Financial Power of Attorney (POA) works like this: It is written document that allows me (the "principal") to give another person (called the "agent") the authority to use my money and my assets to manage my financial affairs. It is the duty of the "agent" to act when I can no longer do so myself; and to act in my best interest. Example: I have a serious stroke. My bills need to be paid, tax returns filed, etc. The person I appointed as my Financial Power of Attorney "agent" has the legal power to act in my place and manage my financial affairs.The problem with having a Financial Power of Attorney agent, is the power is unchecked. No one is policing the agent's behavior/actions with my finances. The agent can abuse that financial power and use my money and my assets to my detriment - and to his/her benefit. When this happens it is a crime.A Durable Power of Attorney for Health Care (POA) is also a legal document. It allows me the "principal" to appoint someone, an "agent," to make health care decisions on my behalf, when I am not able to do so. It is up to me — while I am healthy and of sound mind — to tell my "agent" my wishes/directives, in advance of becoming physically or mentally incapacitated. The Durable Power of Attorney has the duty to act according to my wishes.The Durable Power of Attorney for Health Care is also unchecked power. One incident that occurred in Huron County, involved placing an older adult "principal" in a nursing home against his will. The agent was an adult child who abused the authority of the Durable Power of Attorney for Health Care by finding a psychiatrist who diagnosed the older adult with dementia, when the older adult did not have dementia.The adult child "agent" admitted the "principal" into a nursing home by deliberately misrepresenting this admission as a temporary stay for physical rehabilitation. The "principal" remained in the nursing home against his will, until he hired an attorney. The attorney proved in a court of law that he did not have dementia and was able to live independently. Only then was he able to return home.If I have piqued your desire to become better informed about POA documents, mark your calendar and plan to attend the public forum, "What Are The Powers of a Power of Attorney?" The forum will be 1:30-3 p.m. Thursday, Feb. 28, at Erie County Office Bldg., 3rd Floor, 247 Columbus Ave., downtown Sandusky. Seating is limited to 70. Advanced registration is required. RSVP to Serving Our Seniors, 419-624-1856, or Mail@ServingOurSeniors.org before 9 a.m. Thursday, Feb. 26. Leave your name, phone number and the name of this event. Q: My friend told me senior citizens can no longer get a tax break on the home that they live in. I think it was called the Homestead Tax Exemption. Is he right?A: The Erie County Auditor's office gave me the basic answer to your question. The Homestead Exemption is still available. To qualify you must be: 65 or older OR on disability Named on the deed and live there as your primary residence as of Jan. 1. Have an adjusted gross income of $32,800 according to line 3 of your Ohio tax return There are special considerations for 100 percent disabled veterans.For more information contact your County Auditor's Office and ask for the person who manages the Homestead Tax Exemption. In Erie County that would be Jen Capizzi 419-627-7523.