Abuse of Power of Attorney

Abuse of Power of Attorney and its defense

May 21, 2024

POA or Power of Attorney is the legal document which is created between or among the parties. There are two participants in the POA and those are principal and agent.  The Principal is an individual who grants authority to another person known as agent. Agent receives the authority from principal. The agent is the one who is legally authorized by the principal to make important decisions on their behalf. Power of attorney is used worldwide. It’s a practical option all over the world. This allows a trusted individual to make crucial decisions. Lawyers in Dubai are famous in explaining the POA and its related support.

Often, an agent is a relative, family member, or close friend or can be an attorney. Agent can act on behalf of principal. When attorneys are provided with the power of attorney then it means they can represent the clients in court or outside the court but the role of lawyers are clearly defined in power of attorney’s content. Lawyer can’t breach or move beyond that role. POA is a necessary legal instrument.

Lawyers in Dubai should be hired for hiring any service or grabbing the legal support. For POA, lawyers in Dubai are also preferred for understanding, drafting, as well as the legal services. Lawyers are also called as or known as Emirati or UAE National Advocates and Legal Consultants. Emirati Lawyers in Dubai are well trusted and well experienced.

Abuse of Power of Attorney

On the flip side, it also opens the door to potential abuse or misuse of the authority given. Primarily, the abuse or misuse of power of attorney affects vulnerable individuals. The agent who has power of attorney, gains access to the principal’s sensitive and secret information. It might contain legal, financial, medical, personal, property or any secret information. We will throw the light on few types of POA Abuse here.

  • Financial Exploitation: One of the types is financial exploitation which is quite common in POA Abuse types. In financial misusage, the agent may misuse or steal funds from the principal’s accounts. There may be personal gain or interests involved including making unauthorized investments, purchases, or buying. Agent can also provide secret financial information to others. This is called financial data leak.
  • Identity Theft: The agent might use the principal’s identity to open the bank accounts. It is called identity theft. It also includes the opening of credit cards or insurance products. This potentially exposes the principal to legal liability for any type of fraudulent activity. Learn more about identity theft
  • Medical Exploitation: Medical Insurance Abuse is quite common in practice. This occurs when the agent exploits medical insurance by taking unauthorized gains for themselves. It may include arranging unnecessary medical appointments, buying or purchasing, or misappropriating funds meant for medical care.
  • Decision without Consent: The decisions made by the agent without consultation are also an abuse of power. Besides, the decision made without obtaining consent from the principal is also a sign of misusage. Additionally, the unexplained or unfamiliar documents presented for signing are also covered under the misuse of POA.

Moreover, it is essential to obtain consent before making any solid decisions. It refrains one from transferring the principal’s assets without proper permits or approval. The Potential Victims of it are elderly or aged individuals. They may lack close relatives or support systems that can take care of and oversee the issuance of Power of Attorney. The elderly person may easily be persuaded by distant relatives or fraudulent estate planners due to physical constraints. They may grant POA for nefarious purposes which leads to the possibility of abuse of the power.

Certain steps to be saved from abuse of POA

Initiate by selecting the most trusted agent. The agent should be someone the principal fully trusts and relies upon. Furthermore, it is essential to exercise extra caution and care when granting POA to any agent. This will allow the principal to avoid appointing strangers to the cause. Moreover, seeking advice from trusted legal professionals and lawyers may help. Ask The Law Al Shaiba Advocates having professional reputation as most trustworthy law firm and team of lawyers in Dubai and all over the country.

Additionally, ensure that family members and advisors are aware of the agent’s role, obligations, and responsibilities. The family member or the principal must regularly monitor financial and property transactions. It is important because it helps in detecting and identifying any unauthorized activity. Always know your rights to revoke Power of Attorney, if needed. Handle the case with care by taking precautions before signing the POA. Seek the assistance of a law firm while granting long-term powers of attorney.

Lawyers’ Assistance

The victims of the power of attorney abuse need to take up the help of law firms in the UAE.  Seeking legal assistance is pertinent to address the issue and matter. The abuse of POA is quite common in the UAE which may include financial exploitation. This is a criminal offense under the federal law of the UAE. Our Lawyers in Dubai are the top lawyers for helping out in such cases.