Power of Attorney - Business

Last week, I met with a client whose 89-year-old mother was struggling with both dementia and someone who was scamming her for her money. The scammer promised to take her away to be married if she would only send him $10,000.00. I could see the look of exasperation on my client’s face. His mother had drained most of her savings for this man, and she still believed this “white knight” was going to bring joy into her life as her future husband.  When I asked my client if he had a Durable Power of Attorney over his mother, he shook his head and said, “No.” We discussed the criminal options as well as the civil options, and then I asked him if he understood what a DPOA for Business/Financial Matters was. After he said, “No,” once again, I explained to him what it was and how having one could help him and her in this situation.

A Business Durable Power of Attorney enables an individual to appoint someone (presumably someone who is trusted) as an Agent to handle that person’s business affairs while they are still alive. The Business DPOA remains in effect throughout the lifetime of the person who executes the power and, without eliminating the power of the donor of the power, gives the donee of the power the ability to manage the business affairs of the donor of the power. In my client’s case, if he were the Agent under a DPOA, he could request statements from the Bank to review his mother’s transactions and move the funds to another account to “hide” any remaining funds from his mother, all in her best interest. At least he would have options with a Business DPOA.

We include a Business Durable Power of Attorney in all of our estate planning packages. Our clients elect whether the power is granted immediately upon execution, or upon the doctor’s assessment of incapacity or inability to manage business affairs (a springing power).



We recommend that each of our clients has a Business DPOA, and we will discuss with our clients the need to make sure their parents have one as well.

Call me if you or someone you love needs one.

Patrick