The person that you appoint as your agent enters into a fiduciary relationship with you. Under the law, the fiduciary owes you a duty of trust and confidence. The agent must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. But remember that even though the law states that your agent may be liable under the law for his violation, if it is found that your agent has acted outside the authority granted to him in the Power of Attorney and has not acted in your best interest, there is no “power of attorney” police looking over your agent’s actions. Therefore, you should always choose an agent who you totally trust.
By Esther Schwartz Zelmanovitz
