There Is No Absolute Power of Attorney

There is a famous saying that "power corrupts, absolute power corrupts absolutely."  A power of attorney is a written grant to an agent to exercise certain rights of the grantor.  The New York form contains warnings that should be read in their entirety.  There is a  catch-all provision in the power of attorney form in New York that can be checked to give all of the possible powers to the agent.   However, even if this catch-all provision is checked, there are limits on the power of attorney.  In order for the agent to make major gifts of the grantor's property, a gifts rider has to signed by the grantor in the presence of two witnesses.  A power of attorney cannot be used to change a will or to make health care decisions for the grantor.  (A health care proxy is necessary for health decisions).  A power of attorney has to be used for the benefit of the person giving it.  A power of attorney does not remain in force if it is revoked by the grantor, or when the grantor dies.#