Fort Collins, CO asked in Elder Law for Colorado

Q: Is it proper when a POA is listing time for doing errands to give the specific times rather than hours?

My Dads POA who is a sibling charges our dad for everything she does for him whether its banking or buying toilet paper. She always in her accounting puts an hour or an hour and a half. I was told that to be able to check into whether she is doing what she says that she should be putting her accounting in real time such as went to bank from 10 to 10:30 AM. Can you give me some feedback please. Thank you

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Power of attorneys do not typically involve any type of payment. A Power of attorney grants an agent (the relative) the ability to act on behalf of the principal (the father).

Based on your facts, if the relative is being compensated for services/tasks made on the behalf of the father (versus simple reimbursement for items purchased), the relative would more accurately be described as an employee or service provider (i.e. a domestic servant). Thus, an employment contract versus a power of attorney would seem more appropriate.

While the described arrangement is not per se illegal, it does arose suspicions.

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