On Oct. 30, 67-year-old Connecticut resident David L. Johnson was sentenced to more than five years in federal prison over a theft scheme that totaled $2.1 million.
Johnson, who operated antique and auction businesses in Stamford, reportedly stole the money from one elderly victim who had “executed a power of attorney, will, and trust naming Johnson as the victim’s agent, executor, and successor trustee, respectively.” A press release from David X. Sullivan, U.S. Attorney for the District of Connecticut, adds that Johnson was not listed as a beneficiary in the victim’s trust or estate.
The victim died at 87 years old in August 2020. After that, Johnson proceeded to steal millions of dollars from the victim, including more than $436,000 from a federal tax refund check. Johnson pleaded guilty to money laundering in July and was ordered to pay $1,025,056 in restitution after he had already returned around $1.1 million in stolen money.
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Below, we’ll explore how naming someone your agent in a power of attorney while you’re still alive can be extremely useful, but can also put you in a vulnerable position.
Power of attorney can be helpful — but it can also be risky
Since we all have the potential to become sick, get injured or otherwise incapacitated in our old age, it’s important to make sure that you trust whoever you’ve put in charge of making financial decisions on your behalf.
By giving someone you trust power of attorney, you ensure that your property, bills, investments and other aspects of your financial life won’t fall into disarray. But even if someone seems like they’re trustworthy, you should be careful about giving them the power to make decisions on your behalf.
The Consumer Financial Protection Bureau (CFPB) has some straightforward ideas to protect yourself against power of attorney abuse. For starters, make sure other people you trust know about your power of attorney arrangement, and consider requiring your agent to let them know about financial decisions made on your behalf.
If you believe an elderly member of your family is dealing with financial abuse, you have options for getting them help.
The CFPB suggests reaching out to your state’s Adult Protective Services agency or contacting your local police in cases where there is immediate danger. You can also contact your family member’s bank, credit card company or other financial institutions, which may have the power to undo actions that were taken illegitimately.
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What you should do if you have power of attorney
If you’re in charge of someone else’s finances, it’s very important that you know how to best look out for their needs.
The CFPB outlines four responsibilities you have if someone gives you agency through power of attorney: act in their best interest, manage their finances carefully, don’t commingle their money with your own and keep good records.
When acting in their best interest, your goal should be to follow a plan laid out for you in advance. You should also make sure you understand what assets and investments they have, as well as what debts and bills they need to pay.
When it comes to bills, avoid paying their bills with your own money with a plan to pay yourself back, as this can complicate your record-keeping. It’s also wise to make sure you clearly identify yourself as their agent when signing documents.
Avoid paying for their expenses with cash, and keep receipts and records for money you spend. Detailed records will make it obvious if you’re ever questioned on when, where and why you made certain financial decisions on their behalf.
Even if you know you’re acting in someone’s best interest, it might not always be obvious to others. Following these steps will make it easier to prove that you acted in their best interest and can help you to avoid creating conflict with their friends and family.
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Avril Ayers is a journalist with over eight years of experience writing, editing and proofreading. They have covered personal finance and investing since 2021.
