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Abstract: 

This article is based on the 2008 Recommendation of the New York State Law Revision Commission Regarding Proposed Revisions to the General Obligations Law Powers of Attorney. Durable powers of attorney are a double-edged sword. On one hand, they are an indispensable part of planning for potential incapacity. On the other hand, they are the document of choice for exploiting vulnerable adults. With reference to particular cases, the author discusses the uses and abuses of the very simply-created but easily manipulated document and concludes that, given an aging population and the concomitant increase in the potential for incapacity that is likely to make the use of the durable power of attorney even more widespread than it already is, numerous commentators have called for changes in the law to guide agents and minimize the potential for misuse and abuse of powers of attorney.

Keywords: durable power of attorney; New York State Law Commission Regarding Proposed Revisions to the General Obligations Law Powers of Attorney

Affiliations:  1: New York State Law Revision Commission .