What are the disadvantages of a Durable Power of Attorney?
The main disadvantage of a DPA is that it is subject to abuse because there is no ongoing court supervision of the attorney-in-fact. Unlike conservatorships, where an accounting is required to be submitted to the court, the attorney-in-fact’s actions are not being supervised on an ongoing basis. If the attorney-in-fact abuses his or her authority and acts improperly, a court can step in and take action. However, in many cases the damage is already done and it is difficult to undo it. Thus, great care should be taken in selecting your attorney-in-fact. Q: Do I need a lawyer to have a Durable Power of Attorney drafted? There are advantages in having a lawyer draft a DPA. First, an attorney-drafted DPA can be drafted to meet your individual needs. Although there are pre-printed forms available, they are worded broadly and do not give you as much flexibility. Second, since DPAs are subject to abuse, it is a good idea to meet with an attorney to make sure both the principal and attorney-in-
