She cautions proactive advisors, who may investigate what documentation banks and other financial services companies require from clients to invoke a power-of-attorney document. Clients need to be careful that newly signed documents don't erode powers in a lawyer-drafted power of attorney. Also, if a client is drafting a general power-of-attorney document, he or she needs to reveal the existence of any other power-of-attorney documents. What if your client inadvertently gives two different people authority over the same assets?
If a client of yours is asked to be named as a power-of-attorney agent, that client might consider seeking a type of "exoneration provision" from the person drafting it, Whitton says. It could benefit the client to have some protection if an innocent mistake is made-unless the act occurred in bad faith or with intent.