What Is an Attorney-in-Fact Responsible For? Roles and Duties Under an Enduring Power of Attorney
Attorneys-in-fact play a vital role in many people’s lives, especially in family and legal matters. But what exactly are the roles and duties of an attorney-in-fact under an enduring power of attorney? In this article we examine every important aspect of the role.
| What are attorneys-in-fact responsible for? | Short description |
|---|---|
| Decision-making | Making decisions on behalf of the grantor in the areas defined in the power of attorney |
| Financial management | Managing the grantor’s financial affairs |
| Medical treatment | Making medical decisions for the grantor |
| Property matters | Handling the grantor’s assets and property |
| Reporting | Regular reporting to the relevant parties |
What is an enduring power of attorney?
Before looking at what attorneys-in-fact are responsible for, it helps to understand what an enduring power of attorney is. It is a legal document in which a person (the grantor) appoints another person (the attorney-in-fact) to make decisions on their behalf in the future, if and when they can no longer make decisions for themselves.
What Attorneys-in-Fact Are Responsible For: The Main Roles
Attorneys-in-fact carry a great deal of responsibility. They are charged with making important decisions on the grantor’s behalf, so it is worth understanding the role in depth.
Decision-making
One of the attorney-in-fact’s central roles is making decisions. These can span a range of areas, such as:
- Financial decisions
- Medical decisions
- Decisions about housing
- Decisions about personal care
Keep in mind that the attorney-in-fact’s responsibilities depend on what the original power of attorney defines.
Financial management
Attorneys-in-fact are often responsible for managing the grantor’s financial affairs. This can include:
- Managing bank accounts
- Paying bills
- Investments
- Asset management
The scope of the attorney-in-fact’s financial responsibility varies with the grantor’s needs and the instructions in the power of attorney.
Medical treatment
In the medical field, an attorney-in-fact’s responsibilities can include:
- Making decisions about medical treatments
- Choosing doctors and medical institutions
- Consenting to, or refusing, particular treatments
The attorney-in-fact’s medical responsibilities should be clearly defined in the power of attorney itself.
Property matters
Attorneys-in-fact may be responsible for managing the grantor’s property, including:
- Managing real estate
- Managing rental properties
- Selling or purchasing assets
Here too, the scope of responsibility depends on the specific instructions in the power of attorney.
Legal Responsibilities of Attorneys-in-Fact
Alongside the practical roles, it is worth understanding the legal responsibility that comes with the position. Attorneys-in-fact are obligated to act in the grantor’s best interests and to protect them.
Fiduciary duty
One of the attorney-in-fact’s core obligations is the fiduciary duty. In this context it includes:
- Acting in good faith
- Avoiding conflicts of interest
- Maintaining confidentiality
Criminal liability
Remember that an attorney-in-fact’s responsibility can also extend to criminal liability in the event of breach of trust or abuse of the powers granted to them.
Reporting and transparency
An important part of the attorney-in-fact’s role is reporting and transparency. This can include:
- Periodic reporting to the family or to authorized bodies
- Keeping accurate records of every action taken
- Explaining the decisions that were made
The reporting requirements vary with the law and the instructions given in the power of attorney.
Challenges and difficulties
It is also worth recognizing the challenges that come with the role:
- Hard decisions: Attorneys-in-fact are sometimes required to make complex, emotionally loaded decisions.
- Family pressure: Other family members may disagree with the attorney-in-fact’s decisions.
- Time: The role can demand a serious investment of time.
- Weight of responsibility: Knowing that another person’s life rests on your decisions can be a heavy burden.
How to be an effective attorney-in-fact
For anyone taking on the role, here are some practical pointers:
- Know the grantor’s wishes: Understand the grantor’s wishes and preferences thoroughly.
- Open communication: Keep communication open with the grantor (where possible) and with other family members.
- Organization: Keep orderly records of every action and decision.
- Professional advice: Seek professional guidance when needed, for example from a family law attorney such as Adv. Avital Horef of Jerusalem.
Summary
What attorneys-in-fact are responsible for is a broad, layered subject. The role involves real responsibility and calls for commitment, trustworthiness, and judgment. Attorneys-in-fact make important decisions on the grantor’s behalf, manage their financial and medical affairs, and look after their property.
An attorney-in-fact’s exact responsibilities depend on the specific instructions in the power of attorney. That is why it is worth consulting a lawyer who practices in this field, such as a family law attorney, both when preparing an enduring power of attorney and when accepting the role of attorney-in-fact.
Anyone considering appointing an attorney-in-fact, or serving as one, should know this ground well. A clear understanding of the roles and duties involved leads to better decisions and better care for a person who can no longer decide for themselves.
For further advice on enduring powers of attorney and the responsibilities of attorneys-in-fact, you can contact the office of Adv. Avital Horef at 43 Yirmiyahu St., Center 1, Jerusalem.
