What an agent must do
An agent has a legal duty to the person who named them. This guide lists the basic duties and what happens if an agent breaks them.
This guide explains the law in general. It does not prepare documents or tell you whether a document is valid.
The four basic duties
An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more.
- Act only in the principal's best interest.
- Manage the principal's money and property carefully.
- Keep the principal's money and property separate from yours.
- Keep good records.
Source: CFPB, Managing Someone Else's Money: Help for agents under a power of attorney · Official text
Stay inside the document
Your authority is strictly limited to what the document and state law allow. Check when the power of attorney becomes effective: it may be right away or only when the principal can no longer make decisions.
If an agent does not meet these standards
If an agent does not meet these standards, the agent could be removed, sued, or have to repay money. The police or sheriff could also investigate, and the agent could go to jail.
When the authority ends
The agent's authority ends when the principal revokes it or dies. After the principal dies, the agent may no longer pay the principal's bills and should promptly tell the bank and other businesses. A divorce or legal separation from the principal, or a court naming a guardian or conservator, may also end the agent's authority, depending on the document and state law.
If you think someone is being exploited
Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff. To find your local adult protective services, call or text the Eldercare Locator at 1-800-677-1116 or visit eldercare.acl.gov.
Source: ACL, Protecting Rights and Preventing Abuse (Adult Protective Services); CFPB, Managing Someone Else's Money: Help for agents under a power of attorney; ACL Eldercare Locator · Official text
Free guides for agents
What the states say
40 of 41 states we cover describe how a court can review what an agent does. Your state’s page explains who can ask and what the court can do.
What to look for on your state’s page
- “Agent duties” on your state’s page: the duties your state’s law adds to the basic four.
- “Agent pay”: whether the agent is entitled to reasonable pay and repayment of expenses.
- “Asking a court to review an agent”: who can ask and what the court can order.
- “What an agent can and cannot do”: acts that need express permission, such as gifts.
- “Banks and other businesses”: what the law says when a business will not accept the document.
Questions to ask a lawyer or legal aid office
A lawyer or a legal aid office can answer these. This site cannot advise you.
- What records should an agent keep, and for how long?
- What does the document let me do, and what does it leave out?
- Can the agent be paid, and can the agent be repaid for expenses?
- What should I do if I think the person is being harmed?
Free help
- Legal Services Corporation (LSC) - Find legal aid LSC was set up by Congress and funds 129 independent nonprofit legal aid organizations in every state, D.C. and the U.S. territories for people with low incomes. For a civil legal problem, enter an address or city to find one near you.
- LawHelp.org Look up information about your legal question and find free legal forms.
- Eldercare Locator (Area Agencies on Aging) · 1-800-677-1116 A public service of the federal Administration for Community Living that connects older adults and families with local services. You can call, text, chat online or email. For help planning advance directives, the National Institute on Aging suggests contacting your local Area Agency on Aging.
- CFPB guides for financial caregivers Free plain-language guides for agents under a power of attorney, court-appointed guardians and conservators, trustees, and Social Security or VA payees.
Pick your state
Your state's page has the form, the signing rules and the law for your state.
Free tools: the signing checklist and the letters to revoke a power of attorney or a health care directive are on each state's page.