(62) Therefore, in order to discover abuse, the UPOAA must give standing to as broad a group of people as possible so that any party suspicious of the DPOA relationship has standing to expose an abusive agent.
The statutory short form set forth in Article 3 of the UPOAA and section 5B-301 of the UPC fulfills the execution requirements for a DPOA, and educates the principal about the authority granted to an agent under the DPOA through warnings and advice about the use of the document.
The Commission recommended a "separate section relating to major gifts and a new statutory Major Gifts Rider to the statutory power of attorney form in which the Principal may authorize the Agent to make major gifts and other transfers." (92) New York enacted the Statutory Major Gifts Rider ("SMGR"), which "is the only way to give an agent authority to make gifts of the principal's property beyond those authorized by a grant of authority under [General Obligations Law] section 1502I." (93) The SMGR fulfills a goal similar to UPOAA section 201, curtailing the accidental grant of excessive agent authority over a principal's assets.
The new preventative measures taken by the UPOAA seem to recognize that trusts are more suitable than POAs to prevent abuse by deviating from common law agency principles and adopting principles akin to trusts.
Note that the UPOAA's rule strictly limits the class of individuals who may request an accounting during the principal's lifetime, and, unless otherwise provided, prevents any family member who is not acting as the principal's guardian, conservator, or other fiduciary, from demanding an accounting.
A dilemma arises when the principal is incapacitated because it becomes impossible for the agent to give the principal notice; but some states and the UPOAA address that issue.
Florida's modifications of the UPOAA, however, require improvement
the UPOAA sections relating to the agent's duties, authorities, and
Act"), before the new UPOAA was approved in 2006, (8) had last been
The following survey of reforms is comprised of provisions found in the UPOAA, statutory provisions from other jurisdictions, and recommendations by experts in elder law.
(91) Because of this potential, the UPOAA has two provisions which treat hot powers with special importance.
Under the UPOAA, agents are prohibited from exercising hot powers unless the principal has expressly granted the agent such powers in the POA document.