• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Durable Power of Attorney » 2 of the Most Common Myths About Powers of Attorney

2 of the Most Common Myths About Powers of Attorney

February 16, 2016 by Larry Parman, Attorney at Law

Common Myths About Powers of Attorney

It’s important to be aware of some common myths about powers of attorney that often confuse or needlessly complicate the estate planning process. Using powers of attorney wisely, drafting them properly, and ensuring that they are made to match your individual needs is one thing, but you might need to get past some common myths to make sure you can get the most out of these vital tools. Today we’re going to take a look at a couple of common myths about powers of attorney and why they are not true.

Myth #1: A Power of Attorney Is All I Need For a Good Estate Plan

While powers of attorney are useful and important estate planning tools, they are not the only estate planning tools around, nor are they the only tools you will need for a comprehensive plan of your own. Powers of attorney offer you specific abilities that other tools do not provide, but they don’t do everything. As one example, powers of attorney are useless when it comes time to distribute your estate after you die. All powers of attorney you create terminate upon your death, and you cannot use them as the primary way through which you distribute your estate property.

Myth #2: I Shouldn’t Make Any Powers of Attorney Since They Are Too Easily Misused

Powers of attorney allow you the ability to select someone else who will have the legal authority to make choices for you. Your agent under a power of attorney can make almost any decision you grant them the power to make. As long as your power of attorney document is properly drafted, your chosen agent or agents receive decision-making authority without any kind of court approval. In fact, if your power of attorney document provides for “immediate” power, your agent can begin representing your interests as soon as the document is executed.  Note: some power of attorney documents provide for “springing” powers, meaning your designated agent’s ability to act for you springs into effect when you are determined to be incapacitated.

Many people are hesitant to grant this kind of power to someone else because they believe that their chosen agent might misuse the authority given to them. While this is always a possibility, powers of attorney do not come without strings. When an agent agrees to serve under a power of attorney, that agent also agrees to take on a heightened legal obligation to the person making the power of attorney.

This heightened legal obligation, known as a fiduciary duty, means that the agent cannot simply do whatever he or she wants with the authority granted to them. If the agent should misuse his or her authority, that agent faces potential legal consequences that can be quite serious. In some situations the misuse of power of attorney can even lead to criminal charges.

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Estate Administration 101 - February 2, 2023
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023

Filed Under: Durable Power of Attorney, POA, Power of Attorney

Other Articles You May Find Useful

incapacity planning
Take Proactive Steps to Prevent a Guardianship
What is a Durable Power of Attorney?
What Is a “Durable” Power of Attorney?
durable power of attorney for healthcare
Requirements for a Durable Power of Attorney for Healthcare
Parman & Easterday
Medicaid Planning & Early Dementia Signs
Parman & Easterday
What Is the Five Year Medicaid Look Back?

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube